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TMI Blog2025 (1) TMI 1520X X X X Extracts X X X X X X X X Extracts X X X X ..... o effect from 01.04.20220 during the period of Covid Pandemic when it had become difficult to make statutory compliances for the assessees in general. In view of representation received in this regard, the CBDT belatedly issued a circular on 23.10.2023 condoning the delay in filing of Form 10IC on or before 31.01.2024 subject to few conditions. Since the circular was issued on 23.10.2023 and at the time of filing of return for AY 2022-23 in 2022, there was no such provision for filing belated Form-10IC for AY 2021-22, the assessee thought it prudent to file the requisite form for AY 2022-23 on 22.09.2022. Subsequently, in view of the circular, the assessee attempted to file Form 10IC for AY 2021-22 as well, but the system did not accept it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the auditor is a complete expression of interest by company that it is opting to pay tax under Simplified Tax Regime. It was an era of COVID pandemic due to which there was communication gaps among team members. As per concept of ease of doing business, submission of number of forms should be minimised and forms should be comprehensive instead of multiple forms. In ITR 6, there was no column asking date of submission of Form 10-IC, which could reduce the possibility of such mistakes. The Ld CIT(A) not relied on the circular no 19/2023 dated 23/10/2023 of the CBDT condoning the delay if Form 10IC is filed on or before 31.01.2024. In the instant case the assessee has filed the Form 101C on 22/09/2022. The Ld CIT(A) challenged ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lot problems to revenue and companies. Non submission of 10-1C is a procedural mistake on part of company. without any loss to revenue. Income Tax Portal is not accepting submission of 10IC for A.Y 21-22, 50 companies cannot submit it as late filing. Many companies would have made such mistake. Ground No 2: CIT(A) not justified in accepting the calculation of tax at maximum rate of 30% plus surcharge plus cess: The Ld CIT(A) has not commented on this ground and simply dismissed the entire appeal in toto. We have mentioned the turnover for the last three years. None of the year turnover exceeds the prescribed limit and hence leying tax at the maximum rate of 30% is unjustified and unwarranted." 3. Brief facts of the case are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of delay stating that due to medical emergency in the family, 5 days' delay has occurred in filing of the appeal. In view of the reason explained by the assessee, we hereby condone the delay in filing appeal. 7. Before us, Ld. AR has pointed out that the assessee made its intention clear regarding opting for the simplified tax regime by mentioning it in tax audit report as well as in the ITR for AY 2021-22. However, it was the period of Covid pandemic as such the requisite Form 10IC was missed to be filed. It was, further, submitted that there was no column in ITR 6 asking for the date of submission of Form 10IC in, and even the requirement to file acknowledgment No. of filing of form 10IC was not there in AY 2021-22, in the case of comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed order dated 13.10.2023 passed under section 119(3)(b) of the Act and intimation under section 143(1) of the Act dated 13.11.2022 are hereby quashed and set aside and the mater is remanded back to the respondent No.2 to pass appropriate order condoning delay in filing Form 10-IC by the petitioner for exercising the option of lower rate of tax under section 115BAA of the Act as per the return of income filed by the petitioner in Form of Return of Income i.e. ITR-6 so as to enable the Assessing Officer or the Central Processing Center (CPC) to re- process the Return of Income filed by the petitioner applying provision of section 115BAA of the Act for lower rate of tax at 22% instead of regular rate of tax applicable to the domestic company. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Form of Return of Income ITR-6; and iii) Form No. 10IC is filed electronically on or before 31.01.2024 or 3 months from the end of the month in which this Circular is issued, whichever is later." 11. Since the circular was issued on 23.10.2023 and at the time of filing of return for AY 2022-23 in 2022, there was no such provision for filing belated Form-10IC for AY 2021-22, the assessee thought it prudent to file the requisite form for AY 2022-23 on 22.09.2022. Subsequently, in view of the circular, the assessee attempted to file Form 10IC for AY 2021-22 as well, but the system did not accept it for the reason that one Form 10IC had already been uploaded for AY 2022-23. 12. In view of the above facts, we are of the considered vi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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