DMS PAPERS PRIVATE LIMITED,PATIALA vs. CPC, BENGALURU

Aforesaid appeal by assessee for Assessment Year (AY) 2021-22 arises out of an order of learned Addl. / Joint Commissioner of Income Tax (Appeals), Bengaluru [CIT(A)] dated 30-04-2024 in the matter of an intimation issued by CPC on 24-08-2022. The assessee opted for new tax regime u/s 115BAA(5) but it failed to file requisite form 10-IC to lay claim on lower tax as per new regime. Accordingly, CPC computed tax as per old regime only. The same was confirmed by Ld. CIT(A). 2. Upon perusal of adjournment application of Ld. AR, it emerges that the assessee has already preferred condonation application before appropriate authority u/s 119(2)(b) seeking condonation of delay in filing From 10-IC. The application is stated to be pending for decision. Considering this fact, we set aside the impugned order and restore the appeal back to the file of Ld. CIT(A) for fresh adjudication in the light of outcome of the said application which would have direct bearing on the claim of the assessee. 3. The appeal stand allowed for statistical purposes. Order pronounced on 07th April, 2025. (RAJPAL YADAV) (MANOJ KUMAR AGGARWAL) VICE PRESIDENT लेखा सद˟ /ACCOUNTANT MEMBER