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Section 115BAA Benefit Cannot Be Denied for Procedural Lapse – Form 10IC Filed Later Valid, Matter Restored

Case Law Details

Case Name
Electronfab Engineering Pvt Ltd. Vs CPT/ITO (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2024-25
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Electronfab Engineering Pvt Ltd. Vs CPT/ITO (ITAT Mumbai) Section 115BAA Benefit Cannot Be Denied for Procedural Lapse – Form 10IC Filed Later Valid, Matter Restored The assessee company filed its original return without opting for concessional tax regime u/s 115BAA, but later: Filed Form 10IC before filing corrected return u/s 139(9) Rectified defective return and expressed clear intent to opt for 115BAA However, CPC denied the benefit during processing u/s 143(1) and raised demand. CIT(A) upheld the denial. Before ITAT, key points were: Form 10IC was on record before processing Delay wa...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,641

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