ACIT v. Sheth Developers Private Limited ( Mumb)( Trib) [www.itatonline.org].

S. 115BAA: Tax on income of certain domestic companies – – Concessional tax regime – Form No. 10-IC filed after the due date – Procedural lapse – Eligibility for concessional taxation – The Assessing Officer was directed to allow the benefit in accordance with law. [S. 139(4) , 115JB, Rule 21AE]

The assessee claimed the benefit of the concessional tax regime under section 115BAA by filing Form No. 10-IC after the due date for filing the return of income. The Revenue challenged the allowance of the claim on the ground that the prescribed form had not been filed within the stipulated time. The Tribunal held that the delayed filing of Form No. 10-IC, where the form had in fact been filed, could be regarded as a procedural lapse and should not, by itself, disentitle the assessee from the benefit of section 115BAA. In the interest of justice, the matter was restored to the Assessing Officer to verify the relevant facts, ensure compliance with Rule 21AE and examine whether the other conditions for availing the concessional tax regime were satisfied. Upon such verification, the Assessing Officer was directed to allow the benefit in accordance with law. The Revenue’s ground was allowed for statistical purposes. (A.Y. 2020-21) (ITA No. 6204/Mum/2025, dt. 24-08-2026)

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