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Income Tax - Highlights / Catch Notes

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Denial of benefit of lower 22% tax rate u/s 115BAA due to delay ...


Taxpayer's delay in filing form should not deny concessional 22% rate, if intention clear from return.

Case Laws     Income Tax

September 5, 2024

Denial of benefit of lower 22% tax rate u/s 115BAA due to delay in filing Form 10-IC by petitioner. Petitioner filed return of income in ITR-6 form, exercising option for lower rate by computing tax accordingly. HC held that delay in filing Form 10-IC should have been condoned by authorities instead of rejecting on technical grounds, as petitioner substantially exercised option for lower rate evident from return. Impugned order and intimation quashed, matter remanded to re-process return applying Section 115BAA and allow lower 22% rate, exercise to be completed within 12 weeks.

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