M.B.D PRINTOGRAPHICS PRIVATE LIMITED, DELHI,NEW DELHI vs. DCIT CIRCLE 16(1), DELHI, DELHI

The assessee has been denied granting the benefit of new tax regime opted u/s 115BAA of the Act only on the ground of non-filing of Form 10IC u/s 115BBA according to which concessional rate of tax is to be charged. It is the case of the assessee that detailed submissions in this respect were duly made before the Ld.CIT(A) with supporting case laws contending that it is only the procedural mistake on the part of the Ld. Counsel in not submitting the prescribed Form No.10IC before the AO and, for that, it was prayed that the litigant could not suffer on account of the inadvertent mistake by the counsel as it is the settled principle of law that the assessee could not suffer on account of the mistake of the counsel. The assessee, before the first appellate authority, relied upon certain case laws as follows:-

Further, at the time of hearing, the ld. counsel appearing for the assessee drawn our attention to one Board Circular being No.17 of 2024 dated 18.11.2024 for AY 2023-24 wherein it has been brought to our notice that the assessee can apply before the PCIT for condonation of the delay pursuant thereto the assessee duly applied to the PCIT, Delhi-4 on 27.12.2024, a copy whereof has duly been furnished before the Bench at the time of hearing. Under these facts and circumstances of the matter, he further submitted that the said application dated 27.12.2024 is still pending before the Ld.PCIT and having regard to this particular aspect of the matter, the non-fling of Form 10IC, which was the sole reason for non-granting of the prayer of the by the Ld. CIT(A) should be considered afresh. In this regard, he has further relied on the judgement of the Gujarat High Court in the case of V.M. Procon Pvt. Ltd. vs. ADIT (2024) 168 taxmann.com 517 (Guj) whereby and whereunder the Hon’ble court was pleased to quash the order u/s 119-2B rejecting the condonation of delay and directed the department to accept Form No.10IC by the Petitioner. The Ld. AR, thus, prays for the same relief before us. Such prayer made by the Ld. AR has not been objected to by the Ld. DR with all his fairness.

Considering the entire aspect of the matter, we, therefore, dispose of this appeal by directing the Ld. PCIT in the instant case to condone the delay in the light of the order passed by the Gujarat High Court as aforesaid and allow the assessee’s delay in filing Form 10IC to get the relief as claimed for.