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TMI Blog2024 (9) TMI 848X X X X Extracts X X X X X X X X Extracts X X X X ..... with the AO. Accordingly, we set aside the order of the CIT(A) and restore the issues to the file of the assessing officer to verify and examine the claim and consider the applicability of provisions under section 115BAA of the Act opted by the asseessee. And we allow the grounds of appeal for statistical purpose. - SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER SHRI GAGAN GOYAL, ACCOUNTANT MEMBER For the Appellant : Shri. Jayesh Chobisa.AR For the Respondent : Shi. P.D. Chougule. Sr. DR ORDER PER PAVAN KUMAR GADALE JM: The assessee has filed the appeal against the order of the National Faceless Appeal Centre (NFAC)/CIT(A), Delhi passed u/sec 250 of the Act. The assessee has raised the following grounds of appeal: 1. The Commissioner of Income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 13-11-2022. 3. Aggrieved by the order the assessee has filed an appeal before the CIT(A), whereas the CIT(A) considered the grounds of appeal, submissions of the assessee and findings of the AO and observed that the assessee has not filed the Form No.10-IC before the due date prescribed under the Act and hence not complied with the provisions of section 115BAA of the Act and has dismissed the assessee appeal. Aggrieved by the CIT(A)order, the assessee has filed an appeal before the Hon ble Tribunal. 4. At the time of hearing, the Ld. AR submitted that the CIT(A) has erred in not considering the fact that the assessee has filed the return of income as per the provisions u/sec 139(1) of the Act within the extended due date time period and ent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 1961 ('the Act'), the Central Board of Direct Taxes ('CBDT') by Circular No. 6/2022 of even number dated 17.03.2022 condoned the delay in filing of Form No. 10-IC as per Rule 21AE of the Income-tax Rules, 1962 ('the Rules') for the previous year relevant to A.Y. 2020-21 in cases where the conditions stipulated in the said Circular are satisfied. 2. Representations have been received by CBDT stating that Form No. 10-IC could not be filed for A.Y2021-22 within the due date or extended due date, as the case may be. It has been requested that the delay in filing of Form No10-IC for A.Y. 2021-22 may be condoned. 3. On consideration of the matter, with a view to avoid genuine hardship to the domestic companies in exe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .11.2023 as per the acknowledgement receipt of Income Tax Forms and the revenue has not disputed the facts of filling the Form. No 10-IC. We find the Hon ble High Court of Delhi in the case of A.C. Surgipharma (P.) Ltd Vs. DCIT, [2023] 157 taxmann.com 360 (Delhi)(30-11-2023) has considered the CBDT Circular and the observations are as under: On 14-12-2022, after hearing learned counsel for the parties, we had broadly set out the grievance of the petitioner. For convenience, the relevant part of the order dated 14-12-2022 is extracted hereafter: 2. A challenge in this writ petition is laid to the impugned intimation dated 13-11-2022 issued by respondent no. 2 under Section 143(1) of the Income Tax Act, 1961 [in short Act ]. 2.1 Via this inti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th the return, and there is indication in the return, that the assessee has exercised his option in terms of sub- section (1) of Section 115BAA, then, before proceeding further, should the Assessing Officer (AO) not give an opportunity to the assessee [in this case the petitioner] to make course correction 8. We may note, that when the provision ie, Section 115BAA was inserted, the Central Board of Direct Taxes (CBDT) via circular dated 17-3-2022 had relaxed the rigour of the law, in exercise of its powers under section 119(2)(b) of the Act. 9 To our minds the matter requires to be delved into. 10. Accordingly, issue notice. 10.1 Mr Zoheb Hossain accepts notice on behalf of the respondents/revenue. 11. Counter-affidavit will be filed within ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion u/s 115BAA of the Act in item (e) of Filing Status in Part A- GEN of the Form of Return of Income ITR-6; and (iii) Form No. 10-IC is filed electronically on or before 31-1-2024 or 3 months from the end of the month in which this Circular is issued, whichever is later. 4. We are informed by Mr Garg that in terms of the said circular, a fresh Form 10-IC has been filed, albeit, electronically. 5. Accordingly. Mr Garg says that the petitioner fulfills the conditions referred to in paragraph 3 of the said circular. 6. In these circumstances, the writ petition is disposed of, with a direction to the CBDT to process the petitioner's request contained in Form 10-IC. 7. The CBDT will process the aforementioned prescribed form within eight ( ..... X X X X Extracts X X X X X X X X Extracts X X X X
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