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INCOME TAX APPELLATE TRIBUNAL (PUNE BENCH)
DIPAK P. RIPOTE, Accountant Member, VINAY BHAMORE, Judicial Member
General Industrial Controls Pvt. Ltd. – Appellant
Versus
DCIT, Circle-8, Pune – Respondent
| Table of Content |
|---|
| 1. facts of late form 10-ic filing and tax denial. (Para 1 , 2) |
| 2. assessee's arguments on circular condonation. (Para 3) |
| 3. revenue relies on ccit condonation power. (Para 4) |
| 4. analysis of section 115baa and cbdt circular 19/2023. (Para 5 , 6 , 7 , 8 , 9) |
| 5. delay condoned; appeal allowed per precedents. (Para 10 , 11) |
ORDER
PER DR. DIPAK P. RIPOTE, AM:
This appeal filed by the assessee is against the order of ld.Commissioner of Income Tax(Appeals)[NFAC], passed under section 250 of the Income Tax Act, 1961, dated 14.03.2024 for Assessment Year 2021-22. The assessee has raised the following grounds of appeal :
“1 The learned CIT(A) erred in law and on facts in confirming tax of appellant at Rs. 2,73,95,728/as against refund of Rs. 29,71,648/- merely due to delay in filing of form 10-IC on the ITBA portal. Learned CIT(A) ought to have appreciated that, delay in filing of form 10-IC is a mere procedural issue, and not any substantive issue to determine tax liability.
2. The learned CIT(A) erred in law and on facts by confirming the tax liability computed by CPC irrespective of the facts that, the appellant has opted for a new tax regime u/s 115BAA of ITA, 1961 in return of i
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