Sunpack Barrier Films Pvt Ltd Vs ADIT (ITAT Ahmedabad)
The case involves an appeal by Sunpack Barrier Films Pvt Ltd against a decision by the Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, regarding Assessment Year 2021-22. Sunpack Barrier Films Pvt Ltd, engaged in manufacturing plain flexible films, opted for taxation under Section 115 BAA of the Income Tax Act, 1961, at a reduced rate. However, the Centralized Processing Center (CPC) calculated tax without considering this option, leading to additional tax demand. The Ld. CIT(A) dismissed the appeal due to the assessee’s failure to file Form 10-IC within the specified timeline, as mandated by Circular No. 06/2022.
The Ld. CIT(A) cited Circular No. 06/2022, stating that Form 10-IC had to be filed electronically by a certain date to avail of the reduced tax rate under Section 115BAA. The CIT(A) noted the appellant’s failure to meet this requirement and dismissed the appeal. The appellant argued that there was no intimation or mail from the department regarding the filing of Form 10-IC and contended that the responsibility to comply with the requirement rested with the department. However, the CIT(A) rejected this argument, emphasizing the appellant’s obligation to fulfill the conditions set forth in Circular No. 06/2022.
