Case Law Details
Akshay Devendra Birari Vs DCIT (ITAT Pune)
The case of Akshay Devendra Birari Vs DCIT (ITAT Pune) revolves around the applicability of the new income tax regime introduced in A.Y. 2023-24. Mr. Birari, an individual taxpayer, challenged the denial of benefits under the new tax regime due to procedural lapses regarding Form No.10IE.
Mr. Birari filed his income tax return for A.Y. 2023-24 under section 115BAC, opting for the new tax regime. However, the Central Processing Center (CPC) denied the benefit as he submitted Form No.10IE after the prescribed due date of 31st July 2023. The issue before the Income Tax Appellate Tribunal (ITAT) Pune was whether the CPC’s denial was justified.
The ITAT Pune noted that while Form No.10IE is required for availing benefits under the new tax regime, its submission deadline is directory, not mandatory. Despite Mr. Birari submitting the form on 10th January 2024, after the processing of his return by CPC, the tribunal found that CPC should have considered the form when processing his return. The ITAT directed CPC to amend its intimation to include Form No.10IE and allow the benefits of the new tax regime accordingly.
In conclusion, the ITAT Pune’s decision in Akshay Devendra Birari Vs DCIT clarifies that while timely submission of Form No.10IE is recommended, its procedural delay should not automatically deny taxpayers the benefits of the new income tax regime.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
Author Bio
