9911796707
TMI Blog2025 (2) TMI 918X X X X Extracts X X X X X X X X Extracts X X X X ..... Denial of concessional rate of tax at 22% as per provisions of section 115BAA - delay in filing Form 10-IC - HELD THAT:- CBDT in its Circular No.6 of 2022 dated 17.03.2022 had stated that delay in filing Form No.10-IC, as per Rule 21AE of the Rules for the previous year relevant to AY 2020-21 is condoned in cases where following conditions are satisfied:- i) The return of income for AY 2020-21 has been filed on or before the due date specified u/s. 139(1) of the Act; ii) The assessee company has opted for taxation u/s/115BAA of the Act in (e) of 'Filing Status' in Part A-'GEN' of the Form of Return of Income ITR-6; and iii) Form 10-IC is filed electronically on or before 30.06.2022 or 3 months from the end of the month in which this Ci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... #39;s income at 25% instead of 22% u/s. 115BAA of the IT Act, which has come into effect from 20.09.2019. The Appellant having fulfilled all the conditions mentioned under the statute including filing of Form 10-1C, denial is unjustified. 3.2 The JCIT(A) erred in passing the impugned rectification order by taxing the Appellant's income at 30% instead of 22% as given under the statute. Therefore, the order of the JCIT(A) is void and the amount demanded by such impugned order is void. 3.3 The impugned order is liable to be quashed as the same has resulted in reduction of appropriate and legitimate refund due to the Appellant without providing any opportunity of being heard. 4. Interest u/s. 244A: 4.1. The JCIT(A) failed to conside ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hearing notice to the e-mail ID '[email protected]', instead of assessee's e-mail ID '[email protected]' shown in Form 35. 7. On merits, the Ld.AR submitted that the CBDT vide its Circular No.6/2022 dated 17.03.2022 had stated that if the assessee has satisfied three conditions mentioned on para 3 of the circular, the delay in filing of Form 10-IC for the AY 2020-21 shall stand condoned and accordingly, provisions of section 115BAA of the Act, for taxation at concessional rate @ 22% will apply. It was stated by the Ld.AR that assessee has satisfied the said three conditions mentioned in the circular and issue may be decided on merits. 8. The Ld.DR was duly heard. 9. We have heard rival submissions and perused material on record. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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