Siddhi Procon Pvt. Ltd. Vs ITO (ITAT Surat)
Assessee opted for concessional tax regime u/s 115BAA. Audit was completed on 07.09.2022; due date for ITR & Form 10-IC was 07.11.2022. Due to portal glitches (as demonstrated by screenshots), Form 10-IC could be filed only on 10.11.2022 & return on 11.11.2022. CPC therefore processed return u/s 143(1) under regular tax regime. CIT(A) affirmed this.
Tribunal noted that CBDT Circular 17/2024 dated 18.11.2024 permits condonation for Form 10-IC delays for AYs 2020-21 to 2022-23 where return is filed within s.139(1) time. Tribunal also relied on Gujarat HC judgment in Camino Herbal Remedies Pvt Ltd (15.07.2025) which condoned identical delay for technical glitches & upheld substantive right to 115BAA.
Considering bona fide difficulty, portal errors & consistent judicial trend, Tribunal condoned delay & directed AO to process return under s.115BAA, after verifying fulfilment of statutory conditions. Natural justice to be followed.
FULL TEXT OF THE ORDER OF ITAT MUMBAI
This appeal is filed by the Assessee against the order dated 28.02.2025 passed by the ADDL/JCIT(A)-1, Visakhapatnam [hereinafter referred to as “CIT(A)” for short] u/s 250 of the Income-tax Act, 1961 [hereinafter referred to as “the Act” for short] for Assessment Year 2022-23.
2. The solitary grievance raised by the assessee reads as under:-
“The Ld. CIT(A)-NFAC has erred and was not just and proper on the facts of the case and in law in not allowing the benefit u/s 115BAA and rejecting the filing of Form 10IC and other evidences.”
3. The assessee is a company that filed its return of income for AY 2022-23 on 11.11.2022. The extended due date of filing was 07.11.2022. The audit of the assessee-company was completed on 07.09.2022. Form 10-IC for exercising the option u/s 115BAA was filed on 10.11.2022. The assessee-company opted forthe tax regime as per Section 115BAA of the Act. The return of income was processed by the CPC, but owing to a delay of three days in filing Form 10-IC beyond the extended due date of 07.11.2022, the return of income was processed under the Regular Tax Regime. Intimation/Order u/s 143(1) of the Act was passed by the Assessing Officer on 07.08.2023..
