Loading judgment…
Facts
The assessee, a company, filed its return for AY 2022-23 late on 11.11.2022. The extended due date for filing Form 10IC was 07.11.2022, but the assessee filed it on 10.11.2022, citing technical glitches. The Assessing Officer processed the return under the regular tax regime, and the CIT(A) dismissed the appeal.
Held
The Tribunal condoned the delay in filing Form 10IC, noting technical glitches and a Gujarat High Court decision. The Assessing Officer was directed to process the assessee's return under Section 115BAA of the Act, subject to verification of other conditions, and to provide an opportunity for hearing.
Key Issues
Whether the assessee should be allowed to opt for the tax regime under Section 115BAA despite a delay in filing Form 10IC due to technical issues.
Sections Cited
250, 115BAA, 143(1), 139(1)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, SURAT BENCH, SURAT
Before: MS. SUCHITRA R. KAMBLE & SHRI BIJAYANANDA PRUSETH, ACCOUNTNAT MEMBER
Assessment Year: 2022-23 Siddhi Procon Pvt. Ltd., Income-Tax Officer, 522, Lalbhai Contractor Complex, Ward 2(1)(3), Nr. Old Library, Nanpura, बनाम/ Surat Surat-395001 Vs. [PAN : AAOCS 6071 J] (Appellant) (Respondent) Assessee by Shri Suresh K. Kabra, CA Revenue by Ms. Neerja Sharma, Sr DR Date of Hearing 18.11.2025 Date of Pronouncement 03.12.2025 आदेश/ O R D E R PER MS. SUCHITRA R. KAMBLE, JUDICIAL MEMBER :
This appeal is filed by the Assessee against the order dated 28.02.2025 passed by the ADDL/JCIT(A)-1, Visakhapatnam [hereinafter referred to as “CIT(A)” for short] u/s 250 of the Income-tax Act, 1961 [hereinafter referred to as “the Act” for short] for Assessment Year 2022-23.
The solitary grievance raised by the assessee reads as under:-
“The Ld. CIT(A)-NFAC has erred and was not just and proper on the facts of the case and in law in not allowing the benefit u/s 115BAA and rejecting the filing of Form 10IC and other evidences.”
The assessee is a company that filed its return of income for AY 2022-23 on 11.11.2022. The extended due date of filing was 07.11.2022. The audit of the assessee-company was completed on 07.09.2022. Form 10-IC for exercising the option u/s 115BAA was filed on 10.11.2022. The assessee-company opted for Siddhi Procon Pvt Ltd Vs. ITO AY : 2022-23 [2] the tax regime as per Section 115BAA of the Act. The return of income was processed by the CPC, but owing to a delay of three days in filing Form 10-IC beyond the extended due date of 07.11.2022, the return of income was processed under the Regular Tax Regime. Intimation/Order u/s 143(1) of the Act was passed by the Assessing Officer on 07.08.2023..
Being aggrieved by the intimation dated 07.08.2023, the assessee filed an appeal before the CIT(A). The CIT(A) dismissed the appeal of the assessee.
The Ld. AR submitted that, during the said period of due date of filing of ITR for AY 2022-23, there was a lot of technical problems faced by the assessee while trying to upload Form 10IC. The screen-shot of the Income-tax Portal has evidenced to the filing of Form 10IC categorically reflected the assignment of Form 10IC to CA before the due date of filing of ITR. The assessee tried every day and finally on 11.11.2022 the assessee could file Form 10IC. The Ld. AR submitted that the late filing of Form 10IC cannot take away the regime under which the assessee is filing the ITR, which is 115BAA of the Act, and thus the assessee should have been granted the benefit of the said section.
The Ld. DR submitted that as per the CBDT Circular, the due date of filing was extended till 07.11.2022, but the assessee could not file the required documents within the extended period. Therefore, the Assessing Officer as well as the CIT(A) rightly treated the income and processed the same under the regular tax regime. Thus, the Ld. DR relied upon the intimation order as well as the order of the CIT(A).
We have heard both the parties and perused all the relevant material available on record. It is pertinent to note that as per CBDT Circular No. 17/2024 dated 18.11.2024, the delay in filing Form No.10IC for AY 2020-21, 2021-22 and Siddhi Procon Pvt Ltd Vs. ITO AY : 2022-23 [3] 2022-23 was granted subject to filing of return within the time allowed u/s 139(1) of the Act. In the present assessee’s case, the assessee categorically mentioned that there were technical glitches on Income-tax Portal faced by the assessee while filing Form 10IC and in fact, the return of income was also filed after three days of the extended due date. If the holistic view has been taken by the Assessing Officer/Revenue, it can be seen that the assessee, if filed the said Form 10IC as well as return of income within the stipulated due date, the assessee would have benefited the MAT provisions and the taxation at lower rates. The Hon’ble Gujarat High Court has condoned the delay in the case of M/s Camino Herbal Remedies Pvt. Ltd. Vs Pr. Commissioner of Income-Tax (In R.SCA No. 20564 of 2023, judgment dated 15.07.2025). Thus, in the light of the decision of the Hon’ble Jurisdictional High Court, it will be appropriate to condone the delay and direct the Assessing Officer to process the assessee’s return in consonance with the provisions of Section 115BAA of the Act after verifying whether all other conditions are fulfilled by the assessee or not. Needless to say, the assessee shall be given an opportunity of hearing by following the principles of natural justice.
In the result, the appeal of the assessee is partly allowed for statistical purposes.
Order is pronounced under provision of Rule 34 of ITAT Rules, 1963 on …03.12.2025.