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TMI Blog2024 (3) TMI 466X X X X Extracts X X X X X X X X Extracts X X X X ..... e orders of the authorities below. We according direct the AO to levy tax rate @ 25% as applicable in the case of the assessee. The appeal is accordingly allowed. - Sh. N. K. Billaiya, Accountant Member And Sh. Kul Bharat, Judicial Member For the Appellant : Sh. Ved Jain, Advocate, Ms. Uma Upadhyay, CA For the Respondent : Sh.Ajay Kumar Arora, Sr. DR ORDER PER N. K. BILLAIYA, AM: This appeal by the assessee is preferred against the order dated 25.05.2023 by NFAC, Delhi pertaining to A.Y. 2021-22. 2. The grievance of the assessee read as under :- 1. On the facts and circumstances of the case, the order passed by the Commissioner of Income Tax (Appeals), Income Tax Department (hereinafter referred to as CIT(A), ITD) is bad both in the eye o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rievance of the assessee is that the assessee filed its return of income and claimed tax rate of 25% applicable to the assessee as per the provisions of section 115BA of the Act. 4. This claim was denied by the CPC/CIT(A) for the simple reason that the assessee has not filed form 10IB for the assessment year under consideration. 5. The claim of the assessee is that the specified form 10IB is required to be filed only in the first year and not in the subsequent years and since the assessee had filed form 10IB in the first year there was no requirement to file the same for the subsequent year. 6. We have given a thoughtful consideration to the quarrel the instructions for filing out form ITR-6 is explained by the CBDT. The relevant instructio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irst time. 8. This is further clarified by the following instructions :- Whether assessee has opted for taxation under section 115BA/115BAA/115BAB In case you are a 'domestic company', please specify the following by selecting the applicable dropdown :- (a) whether you have opted for charging of tax @ 25% on total income computed as provisions of section 115BA; per (b) whether you have opted for charging of tax @ 22% on total income computed as per provisions of section 115BAA; (c) whether you have opted for charging of tax @ 15% on total income computed as provisions of section 115BAB; per (d) Select option none of the above in case you are not opting for any the sections specified above Note 1. If you are selecting section 115BA/1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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