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Facts
The assessee filed her income tax return and form 10-IE for opting for the new tax regime under section 115BAC after the due date. The portal accepted the return, but the CPC processed it under normal rates, disallowing the new regime and subsequent deductions. The CIT(A) also dismissed the appeal.
Held
The Tribunal held that filing form 10-IE after the due date makes the assessee ineligible for the new tax regime under section 115BAC. However, in the interest of natural justice, the matter was remanded to the AO to consider the deductions claimed under Chapter VI-A, as the assessee was not given an opportunity of being heard.
Key Issues
Whether the assessee is eligible for the new tax regime under section 115BAC when form 10-IE is filed after the due date? If not, whether deductions under Chapter VI-A are allowable?
Sections Cited
115BAC, 143(1), 80C, 80D
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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
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.
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