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Income Tax Appellate Tribunal, INDORE BENCH, INDORE
Before: SHRI B.M. BIYANI & SHRI PARESH M. JOSHI
आदेश/ O R D E R
Per B.M. Biyani, A.M.:
Feeling aggrieved by order of first appeal dated 22.11.2024 passed by learned Commissioner of Income-Tax (Appeals)-Addl/JCIT(A)-11, Delhi [“CIT(A)”] which in turn arises out of intimation of assessment dated 20.12.2021 passed by learned CPC, Bengaluru [“AO”] u/s 143(1) of Income- tax Act, 1961 [“the Act”] for Assessment-Year [“AY”] 2020-21, the assessee has filed this appeal on following grounds:
Madhya Pradesh Rajya Van Vikas Nigam AY 2020-21 “1.0 That the Ld. CIT(A) erred in upholding levy of full rate of tax at 30% instead of 22% prescribed under Sec 115BAA when the assessee has filed prescribed Form 10-IC under Sec 115BAA on 22 March 2021 and has filed return of income within prescribed time under Sec. 139(1) of the Act. 2.0 That the Ld. CIT(A) has erred in not granting benefit of circular of CBDT 6/2022 dt. 17 March 2022.”
Heard the learned Representatives of both sides and case records perused.
The issue in present case is very limited and does not require much elaboration. The assessee is a company. For AY 2020-21 under consideration, the assessee filed return of income claiming the benefit of concessional rate of tax @ 22% u/s 115BAA but the AO, in the aforesaid intimation passed u/s 143(1), charged tax at regular rate of tax @ 30% for the reason that the Form No. 10-IC was filed belatedly. The CIT(A) upheld AO’s action. However, on a careful consideration of the deliberations which took place during hearing, we find that the CBDT has issued Circular No. 6/2022 dated 17.03.2022, Para No. 3 of same reads as under:
“3. On consideration of the matter, with a view to avoid genuine hardship to the domestic companies in exercising the option u/s 115BAA of the Act, the Central Board of Direct Taxes, in exercise of the powers conferred under section 119(2)(b) of the Act, hereby directs that: The delay in filing of Form 10-IC as per Rule 21AE of the Rules for the previous year relevant to A.Y 2020-21 is condoned in cases where the following conditions are satisfied: (i) The return of income for AY 2020-21 has been filed on or before the due date specified under section 139(1) of the Act;
Madhya Pradesh Rajya Van Vikas Nigam AY 2020-21 (ii) The assessee company has opted for taxation u/s 115BAA of the Act in (e) of "Filing Status" in "Part A-GEN" of the Form of Return of Income ITR-6 and (iii) Form 10-IC is filed electronically on or before 30-6-2022 or 3 months from the end of the month in which this Circular is issued, whichever is later.” [underline supplied] 4. Ld. AR for assessee successfully demonstrated that the assessee satisfies all three conditions prescribed by CBDT:
No. Condition Factual position of Document/Paper- assessee Book Page No. (i) The return of AY 2020- Due date u/s 139(1) was Intimation u/s 21 has been filed on or 15.02.2021 and the 143(1) itself before due date u/s assessee filed return on shows these data
139(1) 09.02.2021 before due (Page 10 of Paper- date. Book)
(ii) The assessee has The assessee has done Form of ITR opted for taxation u/s this. downloaded from 115BAA in “filing website of status” in “Part A – department
GEN” of the return of (Page 39 of Paper- income Book)
Page 3 of 5 (iii) Form 10-IC is filed The assessee filed Form E-filing electronically before 10-IC on 22.03.2021 acknowledgement
30.06.2022 (Page 132-134 of Paper-Book)
Therefore, Ld. prayed that in terms of CBDT Circular as aforesaid the delay in filing of Form No. 10-IC for availing the benefit of concessional tax rate u/s 115BAA stands condoned and being so, the AO must be directed to give benefit of section 115BAA to assessee and re-compute tax at concessional tax rate @ 22%.
Ld. DR for revenue dutifully relied upon orders of lower authorities but, however, could not controvert the submissions made by Ld. AR.
After a careful consideration, we find that assessee satisfies all three conditions stipulated by CBDT in its Circular. Therefore, the delay in filing of Form No. 10-IC stands condoned as per Circular. Being so, we direct the AO to allow the benefit of concessional tax rate @ 22% u/s 115BAA to assessee. Necessary tax computation shall be made by AO in accordance with section 115BAA. The assessee’s claim is allowed.
Order pronounced in open court on 19/08/2025