SFP SONS (INDIA) PRIVATE LIMITED,CHENNAI vs. DCIT, CORP CIRCLE 3(1), CHENNAI
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 noted that Form 10-IC was filed for AY 2020-21 and allowed for AY 2020-21 and AY 2021-22. The assessee argued that exercising the option under Section 115BAA(5) should apply to subsequent years. The fact that the return was filed belatedly does not have a consequence.
What were the facts?
The assessee filed an appeal for AY 2022-23 against an order related to an intimation issued by CPC under Section 143(1). The grievance is about the denial of a concessional tax rate of 22%, with a 30% rate applied by CPC, stating Form-10-IC was filed beyond the due date or not filed.
What were the issues?
Whether the concessional tax rate under Section 115BAA is applicable for AY 2022-23 when Form 10-IC was filed belatedly, considering its acceptance in prior years and the provision for subsequent years.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “C” BENCH, CHENNAI
Before: HON’BLE SHRI MAHAVIR SINGH, VP & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
आयकर अपीलीय अिधकरण “सी” "ायपीठ चे"ई म"। IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, CHENNAI माननीय "ी महावीर िसंह, उपा"" एवं माननीय "ी मनोज कुमार अ"वाल ,लेखा सद" के सम"। BEFORE HON’BLE SHRI MAHAVIR SINGH, VP AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकरअपील सं./ (िनधा"रण वष" / Assessment Year: 2022-23) M/s. SFP Sons (India) Pvt. Ltd. DCIT बनाम/ A-24, MEPZ-SEZ, Kadaperi, Corporate Circle-3(1) Vs. Tambaram, Chennai-600 045. Chennai. "थायीलेखासं./जीआइआरसं./PAN/GIR No. AAICS-9235-N (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant by : Shri N. Arjun Raj (Advocate)-Ld. AR ""थ"कीओरसे/Respondent by : Ms. R. Anita (Addl.CIT)-Ld. DR सुनवाईकीतारीख/Date of Hearing : 28-08-2024 घोषणाकीतारीख /Date of Pronouncement : 18-11-2024 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)
Aforesaid appeal by assessee for Assessment Year (AY) 2022-23 arises out of the order of learned Addl. / Joint Commissioner of Income Tax (Appeals)-1, Pune [CIT(A)] dated 29-02-2024 in the matter of an intimation issued by CPC u/s 143(1) of the Act on 06-11-2023. The sole grievance of the assessee is application of concessional rate of tax of 22%. The CPC has denied the same and applied tax rate of 30% apparently on the ground that applicable Form-10-IC was filed beyond due date / not filed. Accordingly, demand of Rs.18.41 Lacs was raised against the assessee. The Ld. CIT(A) confirmed the same against which the assessee is in further appeal before us. Having heard rival submissions, the appeal is disposed-off as under.
It emerges that the assessee filed requisite Form 10-IC on 15-02- 2021 for AY 2020-21 to claim concessional rate of tax u/s 115BAA. The same was allowed not only for AY 2020-21 but also for AY 2021-22. The assessee claimed this concession for AY 2022-23 also. However, this time, the concession was denied by CPC. During appellate proceedings, the assessee drew attention to sub-section (5) of Sec.115BAA and submitted that once this option is exercised at any after 01-04-2020, the same would apply to subsequent years also. 3. The Ld. CIT(A) noted that the assessee filed return of income on 31-12-2022 as against extended due date of 30-11-2022. The corporate assessee could opt for concession by filing Form 10-IC but this was to be done before due date of filing of tax return for the relevant assessment year. The claim that this concession was accepted for earlier years could not be verified. Since the assessee did not fulfill the prescribed condition of furnishing the applicable form before due date of return of income u/s 139(1), the appeal was dismissed against which the assessee is in further appeal before us. 4. From the documents as placed in paper book, it could be seen that for AY 2020-21, CPC has accepted concessional rate of 22%. Similarly, for AY 2021-22, this concessional rate has been accepted. Similar rate has been accepted for subsequent AY 2023-24 also. In view of these undisputed facts, sub-section (5) of Sec.115BAA would apply which provide the once this option is exercised by the assessee at any time after 01-04-2020, the same would apply to subsequent years also. The fact that the return of income for impugned year was filed belatedly would have no consequence. The Ld. CIT(A) apparently could not verify this aspect. However, the same has now been brought on record by Ld. AR. Therefore, we direct Ld. AO to grant concessional rate of tax to the assessee and revise the demand as raised against the assessee. 5. The appeal stand allowed. Order pronounced on 18th November, 2024. (MAHAVIR SINGH) (MANOJ KUMAR AGGARWAL) उपा"" / VICE PRESIDENT लेखा सद" / ACCOUNTANT MEMBER चे"ई Chennai; िदनांक Dated : 18-11-2024 DS आदेशकी"ितिलिपअ"ेिषत/Copy of the Order forwarded to : 1. अपीलाथ"/Appellant 2. ""थ"/Respondent 3. आयकरआयु"/CIT Chennai. 4. िवभागीय"ितिनिध/DR 5. गाड"फाईल/GF
More judgments on Section 115BAA
- Doms Industries Ltd, Valsad vs PCIT, ValsadITA 595/SRT/2025[2020-21]Status: Disposed14 Oct 2026AY 2020-21
- Ceat Limited, Mumbai vs Assisstant Commissioner of Income-Tax…ITA 8146/MUM/2025[2020-21]Status: Disposed29 Sept 2026AY 2020-21
- Triveni Interchem Private Limited, Vapi vs DCIT, Valsad Circle, ValsadITA 1199/SRT/2025[2022-23]Status: Disposed25 Sept 2026AY 2022-23
- Tirthnkar Financial Services Private… vs ITO Ward 4(3)(1), MumbaiITA 2982/MUM/2026[2021-22]Status: Disposed22 Sept 2026AY 2021-22
- Falcon Bus Lines Private Limited, Mumbai vs DCIT 5(1)(1), MumbaiITA 7271/MUM/2026[2024-25]Status: Disposed18 Sept 2026AY 2024-25
Recent GST High Court judgments
Search GST case law →- Kamlasana Impex Private Limited vs. Director General Of GST Intelligence (Hq) Delhi) & Anr.Delhi · 27 Oct 2026
- Ritu Gautam Proprietor Of Ms Heritage International vs. Additional Commissioner Central Goods And Services Tax Appeals Ii Delhi & Anr.Delhi · 27 Oct 2026
- Sutha vs. The State Tax Officer(Inspection-3)Madras · 27 Oct 2026
- M/S.Sri Satya Sai Constructions vs. The State Of Andhra PradeshAndhra Pradesh · 27 Oct 2026
- Anisha Busa vs. Sibar Institute Of Dental SciencesAndhra Pradesh · 27 Oct 2026