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 income filed u/s 139(1) on 12/03/2022 for AY 2021-22 moreover the fact that, the appellant's case of delay condonation with respect to form 10IC falls under the circular no 19/2023 issued by CBDT. Further, the learned NFAC CIT(A) also erred in asking the appellant to get the delay condoned from the Principal Chief Commissioner of Inc