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TMI Blog2024 (11) TMI 1409X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - SHRI SONJOY SARMA, JUDICIAL MEMBER AND SHRI RAKESH MISHRA, ACCOUNTA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... see filed an appeal before the ld. CIT (A) which is delayed by 709 days in filing the appeal. However, the ld. CIT (A) rejected the appeal on the grounds that the reasons for the delay were not sufficient. Thereby ld. CIT (A) confirming the CPC s decision. 5. Aggrieved by the order of ld. CIT (A), the assessee has now filed an appeal before this Tribunal raising multiple grounds, primarily contesting the rejection of the claim for concessional tax rate u/s 115BAC of the Act. At the time of hearing, no one present on behalf of the assessee. Although, consecutive notices were served upon the assessee. However, no one turned up before the Bench on behalf of the assessee. In such situation, we have no other alternative but to decide the appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... BAC o f the Act. We also noted that there has been no loss to the Revenue due to this procedural lapse. On this context, we find that various judicial precedent have been held that substantial justice should not be denied due to technical lapse. 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. 9. In the light of the above discussion, 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 complianc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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