TARUNA MAHESHWARI,JAIPUR vs. ITO WD 7(2), JPR, JAIPUR

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ITA 111/JPR/2024Status: DisposedITAT Jaipur03 June 2024AY 2022-23Bench: DR. S. SEETHALAKSHMI (Judicial Member)1 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the assessee is not eligible for the new tax regime as Form 10-IE was filed after the due date. However, to ensure natural justice, the matter was remanded to the Assessing Officer to examine the claims for deductions under the old regime.

What were the facts?

The assessee opted for the new tax regime under Section 115BAC by filing Form 10-IE after the due date for filing the income tax return. The CPC processed the return under normal rates, disallowing deductions under Chapter VI-A.

What were the issues?

Whether the assessee is eligible for the new tax regime under Section 115BAC when Form 10-IE is filed after the due date, and if not, whether deductions under Chapter VI-A are allowable.

Which sections of the Income-tax Act were involved?

Section 115BAC,Section 139,Section 80C,Section 80D,Section 80AC

AI-generated summary — verify with the full judgment below

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Income Tax Appellate Tribunal, JAIPUR BENCHES,”SMC” JAIPUR

Before: DR. S. SEETHALAKSHMI, JM & SHRI RATHOD KAMLESH JAYANTBHAI, vk;dj vihy la-@ITA No. 111/JP/2024

For Appellant: CA jktLo dh vksj ls@
Hearing: 10/04/2024Pronounced: 03/06/2024

examine the contention of the assessee and pass suitable order a fresh after giving sufficient opportunity of being heard to the assessee. Based on the ld. AO who will decide the issue based on evidence and submission of the assessee. However, the assessee will not seek any adjournment on frivolous ground and remain cooperative while proceedings before the ld. AO. Based on the observation recorded herein above the ground no. 1 raised by the assessee shall stands dismissed and ground no. 2 raised by the assessee is allowed for statistical purposes.

11.

Before parting, we may make it clear that our decision to restore the matter back to the file of the ld. AO shall in no way be construed as having any reflection or expression on the merits of the dispute, which shall be adjudicated by the ld. AO independently in accordance with law.

In the result, the appeal filed by the assessee is partly allowed.

Order pronounced in the open court on 03/06/2024. Sd/- Sd/- ¼ Mk0 ,l- lhrky{eh ½ ¼ jkBksM deys'k t;UrHkkbZ ½ (Dr. S. Seethalakshmi) (Rathod Kamlesh Jayantbhai) U;kf;d lnL;@Judicial Member ys[kk lnL;@Accountant Member Tk;iqj@Jaipur fnukad@Dated:- 03/06/2024 *Ganesh Kumar, Sr. PS आदेश की प्रतिलिपि अग्रेf’ात@ब्वचल वf जीम वतकमत वितूंतकमक जवरू 1. The Appellant- Taruna Maheshwari, Jaipur

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