Case Law Details
Case Name : Electronfab Engineering Pvt Ltd. Vs CPT/ITO (ITAT Mumbai)
Related Assessment Year : 2024-25
Courts :
All ITAT ITAT Mumbai
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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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