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Facts
The assessee, a senior citizen, challenged an order disallowing the benefit of the new tax regime. The issue arose because Form 10IE for AY 2022-23 was filed late, and this prevented the assessee from opting for the new tax regime in AY 2023-24, despite specifying the same in the ITR. The assessee attempted to file Form 10IE afresh for AY 2023-24 but the system did not allow it.
Held
The Tribunal held that the requirement of furnishing Form 10IE before or on the due date of filing the ITR is directory and not mandatory. The department should have considered the option expressed by the assessee for the year under consideration. Relying on previous decisions, the Tribunal condoned the delay in filing Form 10IE and allowed the assessee to avail the benefit of the new tax regime.
Key Issues
Whether late filing of Form 10IE for a previous assessment year debars the assessee from opting for the new tax regime in the subsequent assessment year, especially when the option is specified in the ITR and the system does not allow fresh filing.
Sections Cited
250 of Income Tax Act, 1961, 143(1) of the Act, 115BAC(5)(i) of the Act, 139 of the Act
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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