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Facts
The assessee challenged the dismissal of appeals by the CIT(A) concerning assessment years 2022-23 and 2023-24. The assessee had opted for the new tax regime under Section 115BAC but filed Form 10IE and the Income Tax Return after the due date.
Held
The Tribunal held that the requirement to file Form 10IE is directory, not mandatory. The failure to file Form 10IE by the due date does not invalidate the assessee's claim for the new tax regime, especially when the option was exercised in the preceding year.
Key Issues
Whether the assessee's claim for the new tax regime under Section 115BAC is invalid due to late filing of Form 10IE and the Income Tax Return?
Sections Cited
115BAC, 139(4), 143(1), 250
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Income Tax Appellate Tribunal, JODHPUR BENCH (VIRTUAL
Before: Dr. MITHA LAL. MEENA & SHRI NARINDER KUMAR
Result
In view of the above findings, both the appeals deserve to be allowed. Same are allowed. Assessing Officer to do the needful.
Order to be pronounced under Rule 34(4) of the Income Tax (Appellate Tribunal) Rules, 1963 by placing the details on the notice board. Sd/- Sd/- (Dr. Mitha Lal Meena ) (Narinder Kumar ) Accountant Member Judicial Member Date: 29/09/2025 *Santosh Copy of the order forwarded to: (1) The Appellant: (2) The Respondent: (3) The CIT(Appeals) (4) The CIT concerned