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Facts
The assessee filed a revised return seeking the benefit of the new taxation regime under section 115BAC of the Income Tax Act, 1961. The lower authorities rejected this revised return.
Held
The Tribunal held that Section 115BAC(5) read with its proviso does not apply to cases of non-business income. The assessee's revised return was validly filed.
Key Issues
Whether the assessee can file a revised return under the new taxation regime (Section 115BAC) after the due date of filing the original return.
Sections Cited
115BAC, 139(1), 143(1)
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Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
ORDER This assessee’s appeal for Assessment Year 2023-24 arises against the Addl./JCIT(A), Raipur’s DIN & order No. ITBA/APL/S/250/2025-26/1082189810(1) dated 31.10.2025, in proceedings u/s 143(1) of the Income Tax Act, 1961 (in short “the Act”).
Heard both the parties at length. Case file perused.
It emerges during the course of hearing that both the learned lower authorities have rejected the assessee’s revised return admittedly filed under the normal provisions post facto his regular return submitted u/s 139(1) of the Act seeking benefit of the new taxation regime u/s 115BAC of the Act; in the CPC’s processing dated 04.03.2024 and upheld in the lower appellate discussion.
Rajender Singh Sihag 4. That being the case, learned departmental representative vehemently supports both the lower authorities impugned findings that the assessee is barred from revising his return or submitting a new one; as the case may be, under the old regime ones he exercise his option to be assessed u/s 115BAC of the Act. He could hardly dispute that section 115BAC(5) r.w. Proviso thereto does not apply in an instance of non-business income as is the assessee’s case before the tribunal. I accordingly find merit in his instant sole substantive ground and direct the learned assessing authority to proceed further with his revised return as per law in very terms.