2024 (11) TMI 1409 - AT - Income Tax

Denial of benefit of concessional tax rate u/s 115BAC - assessee had failed to file form no.10IE electronically before the due date of filing of return of income - assessee s main contention is that the failure to file form no.10IE, was mere inadvertent lapse and did not result any revenue loss - HELD THAT - As assessee failed to file form no.10IE within the prescribed due date. However, it is also noted that the assessee has otherwise complied with other conditions u/s 115BAC of the Act. There has been no loss to the Revenue due to this procedural lapse. As various judicial precedent have been held that substantial justice should not be denied due to technical lapse - the failure to file form no.10IE within the due date is a procedural requirement which does not affect the eligibility of the assessee to claim concessional tax rate benefit, provided that other conditions of this Section 115BAC are satisfied. We condone the delay in filing form no.10IE and direct the AO to grant the benefit of concessional tax rate u/s 115BAC of the Act, subject to verification of compliance with other conditions under the said section. Appeals of the assessee are allowed for statistical purpose.

Summary

1. ISSUES PRESENTED and CONSIDERED

The core legal questions considered in this judgment are:

• Whether the failure to file Form No. 10IE before the due date under Section 139(1) of the Income Tax Act disqualifies the assessee from availing the concessional tax rate under Section 115BAC.
• Whether the procedural lapse in filing Form No. 10IE can be condoned if it does not result in any substantial loss to the Revenue.
• Whether the delay in filing the appeal before the Commissioner of Income Tax (Appeals) can be condoned based on the reasons provided by the assessee.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Eligibility for Concessional Tax Rate under Section 115BAC

• Relevant legal framework and precedents: Section 115BAC of the Income Tax Act provides for a concessional tax rate, subject to certain conditions, including the filing of Form No. 10IE by the due date specified under Section 139(1). Various judicial decisions have held that procedural lapses can be condoned if they do not result in substantial revenue loss.
• Court's interpretation and reasoning: The Tribunal noted that the failure to file Form No. 10IE was a procedural lapse that did not result in any revenue loss. The Tribunal emphasized the principle of substantial justice, stating that technical lapses should not prevent the granting of benefits if the substantive conditions are met.
• Key evidence and findings: The assessee complied with all other conditions under Section 115BAC, and there was no loss to the Revenue due to the procedural lapse.
• Application of law to facts: The Tribunal applied the principle that procedural requirements should not override substantive rights, especially when the lapse does not affect revenue collection.
• Treatment of competing arguments: The Departmental Representative argued that the filing requirement was mandatory, but the Tribunal prioritized the principle of justice over procedural compliance.
• Conclusions: The Tribunal condoned the procedural lapse and directed the Assessing Officer to grant the concessional tax rate benefit, subject to verification of compliance with other conditions under Section 115BAC.

Issue 2: Delay in Filing Appeal before the CIT(A)

• Relevant legal framework and precedents: The Income Tax Act allows for the condonation of delays in filing appeals if sufficient cause is shown.
• Court's interpretation and reasoning: The Tribunal did not focus extensively on this issue, as the primary contention was resolved in favor of the assessee regarding the procedural lapse.
• Key evidence and findings: The delay in filing the appeal was not deemed to have sufficient reasons by the CIT(A), but the Tribunal's decision on the substantive issue rendered this point moot.
• Application of law to facts: The Tribunal's focus remained on the substantive issue of procedural compliance under Section 115BAC.
• Treatment of competing arguments: The Tribunal did not elaborate on this aspect, as the outcome of the primary issue resolved the matter.
• Conclusions: The Tribunal allowed the appeal for statistical purposes, effectively rendering the delay issue secondary.

3. SIGNIFICANT HOLDINGS

• Preserve verbatim quotes of crucial legal reasoning: "In the interest of justice, we are of the view that the failure to file form no.10IE within the due date is a procedural requirement which does not affect the eligibility of the assessee to claim concessional tax rate benefit, provided that other conditions of this Section 115BAC are satisfied."
• Core principles established: The Tribunal established that procedural lapses that do not result in revenue loss should not prevent the granting of tax benefits, emphasizing the principle of substantial justice over technical compliance.
• Final determinations on each issue: The Tribunal condoned the procedural lapse regarding Form No. 10IE and directed the Assessing Officer to grant the concessional tax rate benefit under Section 115BAC, subject to verification of other conditions. The appeals were allowed for statistical purposes.