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Case Law Details

Case Name : PCIT Vs KGY Glass Industries (P) Ltd (Gujarat High Court)
Appeal Number : R/Tax Appeal No. 722 Of 2023
Date of Judgement/Order : 18/10/2023
Related Assessment Year : 2020-2021
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PCIT Vs KGY Glass Industries (P) Ltd (Gujarat High Court)

Benefit For Concessional Tax Rate On Account Of Technical Glitch In Uploading Of Form 10IC Cannot Be Denied

In a recent judgment, the Gujarat High Court addressed the issue of whether a taxpayer could be denied the benefit of a concessional tax rate under section 115BAA of the Income Tax Act due to a technical glitch in filing Form 10-IC for the assessment year 2020-21. The case of PCIT Vs KGY Glass Industries (P) Ltd highlights the importance of procedural compliance and the consequences of a failure to adhere to tax-related deadlines.

Background of the Case: PCIT Vs KGY Glass Industries (P) Ltd is a case that revolves around the eligibility of a domestic company in the textile business to avail the benefit of being taxed under Section 115BAA of the Income Tax Act. This section offers a concessional tax rate of twenty-two percent, provided certain conditions are met.

Form 10-IC Requirement: As per sub-section (5) of Section 115BAA of the Act, read with Rule 21AE of the Income-Tax Rules, 1962, eligible companies are required to submit Form 10-IC electronically on or before the due date of filing the return of income under section 139(1) of the Act. Failure to comply with this requirement results in the denial of the concessional tax rate.

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Author Bio

Mr.Kapil Goel B.Com(H) FCA LLB, Advocate Delhi High Court advocatekapilgoel@gmail.com, 9910272804 Mr Goel is a bachelor of commerce from Delhi University (2003) and is a Law Graduate from Merrut University (2006) and Fellow member of ICAI (Nov 2004). At present, he is practicing as an Advocate View Full Profile

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