PANKAJ GOSWAMI,DELHI vs. CENTRALISED PROCESSING CENTRE , BANGALORE

That the learned Additional/Joint Commissioner of Income Tax (Appeals) has erred in law and on facts in upholding the action of CPC in denying the benefit of taxation under the new regime as per section 1158AC of the Income Tax Act, 1961, despite due exercise of the option in Form 10-IE and fulfillment of all substantive conditions.

That the learned Addl./Jt. CIT(A) has failed to appreciate that the delay in filing Form 10-IE was caused by bona fide and reasonable technical difficulties beyond the control of the assessee, and that such procedural lapse should not defeat the substantive right to opt for taxation under section 115BAC.

That the learned Addl./Jt. CIT(A) has erred in holding that the requirement of filing Form 10-IE within the due date u/s 139(1) is mandatory and non-condonable, without appreciating the judicial precedents supporting the principle that procedural provisions should not override substantive rights, particularly when no malafide intent is established. 4. That the learned Addl./Jt. CIT(A) has erred in not considering the fact that the assessee had already made full payment of tax as per the new regime well within the original due date of filing the return under section 139(1), and had exercised the option under Form 10-IE prior to processing of the return under section 143(1), hence Form 10-IE was already on record before the return was processed, and therefore, denial of the benefit of section 115BAC amounts to arbitrary and unjustified action. 3. Suffice to say, there is hardly any dispute between the parties that both the learned lower authorities have declined the assessee’s claim seeking assessment under the new regime under section 115BAC of the Act for the sole reason that he had belatedly filed/uploaded the corresponding prescribed option in Form 10IE, in the Centralized Processing Centre’s processing dated 31.01.2024 and upheld in the lower appellate discussion. 4. This being the clinching factual position, the Revenue could hardly dispute that this tribunal’s recent decisions in Akshay Devendra Birari Vs. DCIT (ITA No. 782/Pun/2024, dated 2 | P a g e 05.06.2024); Harbans Singh Vs. AO (ITA No.25/Asr/2024, dated 24.07.2024), Krishna Gopal Dwivedi HUF Vs. CPC (ITA Nos. 3482/Mum/2024 & 3452/Mum/2024, dated 27.01.2025) have already settled the issue that the foregoing compliance of filing/uploading Form 10IE is directory than a mandatory provision only. This tribunal finds merit in the assessee’s instant sole substantive ground in principle therefore and the learned Assessing Officer is directed to make necessary computation in very terms as per law.