SHRIKANT JOSHI,JAIPUR vs. ITO, WARD 1(1), JAIPUR
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the late filing of Form 10IE for the previous year should not debar the assessee from opting for the new tax regime in the subsequent year, especially when the system prevented a fresh upload. The assessee is allowed to avail the benefit of the new tax regime for AY 2023-24.
What were the facts?
The assessee, a senior citizen, was denied the benefit of the new tax regime because Form 10IE for the previous assessment year (2022-23) was uploaded late. The assessee intended to continue with the new tax regime for the current assessment year (2023-24) but faced system issues when trying to upload a fresh form.
What were the issues?
Whether a procedural lapse in filing Form 10IE for a prior year debars an assessee from opting for the new tax regime in a subsequent year, particularly when the system prevents a fresh filing.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Harbans Singh v. AO, CPC11 citing165 Taxmann.com 146 · 2024 · ITAT
- Akshay Devendra Birari v. DCIT10 citing164 Taxmann.com 58 · 2024
Income Tax Appellate Tribunal, JAIPUR BENCHES, “A-Bench” JAIPUR
Before: SHRI RATHOD KAMLESH JAYANTBHAI, AM& SHRI NARINDER KUMAR, JM vk;dj vihy la-@ITA No. 971/JPR/2024
As a result of the above discussion and findings arrived at, this appeal is allowed and impugned order passed by ld. Commissioner of Income Tax (Appeal) is hereby set aside, and the department is directed to consider the option already expressed to be exercised in the previous Assessment Year, on the basis of Form 10 1E then submitted, subject to the condition that the assessee fulfills all other requirements of law as available u/s 115BAC(5)(i) of the Act.
While parting with the order, we may observe that from time to time, CBDT has been extending time lines for submission of certain applications and Forms as prescribed under the Act, by issuing circulars and directions to the concerned Revenue Authorities.
the system in order to enable such assessees (whose Form 10 IE submitted for one Assessment Year is not accepted only because it was not uploaded by the due date),who deserve leniency, to upload such Form in the very next Assessment Year, so as to opt to avail of the benefits of the new tax regime.
Order pronounced in the open court on 11/12/2024.
Sd/- Sd/- ¼jkBkSM+ deys'k t;UrHkkbZ ½ ¼ujsUnz dqekj½ (RATHOD KAMLESH JAYANTBHAI) (NARINDER KUMAR) ys[kk lnL; @Accountant Member U;kf;dlnL;@Judicial Member Tk;iqj@Jaipur fnukad@Dated:- 11/12/2024 *Ganesh Kumar, Sr. PS आदेश की प्रतिलिपिअग्रेf’ात@ब्वचल वf जीम वतकमत वितूंतकमक जवरू 1. The Appellant- Shrikant Joshi, Jaipur 2. izR;FkhZ@ The Respondent- ITO, Ward 1(1), Jaipur vk;dj vk;qDr@ The ld CIT 3. विभागीय प्रतिनिधि] आयकर अपीलीय अधिकरण] जयपुर@क्त्ए प्ज्Aज्ए Jंपचनत 4. xkMZQkbZy@ Guard File 5. vkns'kkuqlkj@ By order,
सहायक पंजीकार@Aेेजज. त्महपेजतंत
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