Allowing the petition, the Court held that there was no application of mind by the Board as to whether the failure to consider the claim of option to discharge tax under section 115BAA of the Act would result in genuine hardship. Instead, the enquiry was directed towards whether there was any justification for the delay in filing form 10-IC. The Board had misdirected itself in not examining if the failure to consider the claim of option to discharge tax under section 115BAA on the ground of failure on the fact of the assessee to file form 10-IC within the period stipulated under section 115BAA would cause “genuine hardship” to the assessee and thus it was desirable as expedient to permit the assessee to file form 10-IC in support of its option under section 115BAA and deal with it on the merits. The facts narrated left no room for doubt that the rejection of the petition under section 119(2)(b) to permit the assessee to file form 10-IC in support of its exercise of option under section 115BAA of the Act would cause genuine hardship and it was desirable and expedient to permit the assessee to file form 10-IC in support of its option under section 115BAA of the Act and deal with such claim on the merits in accordance with law. That there had been substantial compliance with the requirement under section 115BAA of the Act, as evident from the fact that while filing the returns, the assessee had stated that the option to discharge the tax was exercised under section 115BAA of the Act and tax was in fact paid at 22 per cent. without claiming deductions as contemplated under section 115BAA of the Act. That the order of the Board was set aside, the Department shall keep the portal open to enable the assessee to upload form 10-IC and the assessee shall file form 10-IC within a period of four weeks from the date of receipt of a copy of this order, and thereafter the Department shall proceed to deal with the claim of the assessee under section 115BAA on the merits and in accordance with law.(AY. 2020-21)