Where assessee-company opted for taxation under section 115BAA and filed its return and Form 10-IC belatedly, since books of account had been finalised before the due date, return and Form 10-IC were filed simultaneously and delay of 15 days was attributable to oversight of Chartered Accountant, assessee had demonstrated bona fides and there was no reason to disbelieve its explanation; further, filing return within due date under section 139(1) was not a condition precedent for claiming benefit under section 115BAA; accordingly, order rejecting application for condonation was set aside and delay in filing Form 10-IC was condoned. (AY. 2021-22)
Gem Nuts & Produce Exports Co. (P.) Ltd. v. PCIT [2025] 178 taxmann.com 256 (Bom)(HC)
S. 115BAA: Tax on income of certain domestic companies-Concessional tax regime-Delay of 15 days-Condonation of delay in filing Form 10-IC-Filing return within the due date under section 139(1) was not a condition precedent for claiming benefit under section 115BAA-Order rejecting application for condonation was set aside, and delay in filing Form 10-IC was condoned. [S. 119, 139(1)., Art. 226]
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