MADHYA PRADESH RAJYA VAN VIKAS NIGAM LIMITED,TT NAGAR vs. CPC BANGALORE, HOBLI
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आयकरअपीलीयअिधकरण, इंदौरɊायपीठ, इंदौर
IN THE INCOME TAX APPELLATE TRIBUNAL
INDORE BENCH, INDORE
BEFORE SHRI B.M. BIYANI, ACCOUNTANT MEMBER
AND SHRI PARESH M. JOSHI, JUDICIAL MEMBER
Assessment Year:2020-21
Madhya Pradesh Rajya
Van Vikas Nigam Ltd.,
5th Floor,
Panchanan Building,
TT Nagar,
Bhopal
बनाम/
Vs.
CPC, Bangalore/
DCIT 5(1), Bhopal
(Assessee/Appellant)
(Revenue/Respondent)
PAN: AACCM1081C
Assessee by Ms. Padmawati Swammy Kanuja and Shri Satpal
Singh Khanuja, ARs
Revenue by Shri Ashish Porwal, Sr. DR
Date of Hearing
18.08.2025
Date of Pronouncement
19.08.2025
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
ITA No. 62/Ind/2025 – AY 2020-21
Page 2 of 5
“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.”
2. Heard the learned Representatives of both sides and case records perused.
3. 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
ITA No. 62/Ind/2025 – AY 2020-21
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(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 assessee
Document/Paper-
Book Page No.
(i)
The return of AY 2020-
21 has been filed on or before due date u/s 139(1)
Due date u/s 139(1) was 15.02.2021
and the assessee filed return on 09.02.2021
before due date.
Intimation u/s 143(1) itself shows these data
(Page 10 of Paper-
Book)
(ii)
The assessee has opted for taxation u/s 115BAA in “filing status”
in “Part
A –
GEN” of the return of income
The assessee has done this.
Form of ITR downloaded from website of department
(Page 39 of Paper-
Book)
Madhya Pradesh Rajya Van Vikas Nigam
ITA No. 62/Ind/2025 – AY 2020-21
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(iii)
Form
10-IC is filed electronically before
30.06.2022
The assessee filed
Form
10-IC on 22.03.2021
E-filing acknowledgement
(Page 132-134 of Paper-Book)
5. 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%.
6. Ld. DR for revenue dutifully relied upon orders of lower authorities but, however, could not controvert the submissions made by Ld. AR.
7. 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.
Madhya Pradesh Rajya Van Vikas Nigam
ITA No. 62/Ind/2025 – AY 2020-21
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8. Resultantly, this appeal is allowed.
Order pronounced in open court on 19/08/2025 (PARESH M. JOSHI)
ACCOUNTANT MEMBER
Indore
िदनांक/Dated :
19/08/2025
Patel/Sr. PS
Copies to:
(1)
The appellant
(2)
The respondent
(3)
CIT
(4)
CIT(A)
(5)
Departmental Representative
(6)
Guard File
By order
E COPYSr. Private Secretary
Income Tax Appellate Tribunal
Indore Bench, Indore