The assessee-company had exercised the option under section 115BAA by filing Form 10IC for F.Y. 2019–20 and subsequent years. For A.Y. 2021–22, it declared income comprising a small business loss and long-term capital gains on sale of land. The assessee computed tax on long-term capital gains at 20% under section 112. The return was processed under section 143(1) and the CPC recomputed tax at 22% under section 115BAA, raising an additional demand. The CIT(A) upheld the adjustment. On appeal, the Tribunal held that once the assessee had opted for the concessional regime under section 115BAA, the rate of tax of 22% applies to the total income of the company, and the assessee cannot claim the 20% rate under section 112 for any component of income. Accordingly, the appeal was dismissed. (AY 2021–22) ( ITA No. 2639/Del/2025, dt. 24-10-2025 )
Maharishi Education Corporation (P.) Ltd. v. ITO (SMC ) (Delhi)(Trib.) www.itatonline .org
S.115BAA : Tax on income of certain domestic companies – Determination of tax in certain cases – Option exercised under section 115BAA – Rate of tax applicable – Long term capital gains – Company opting for taxation under section 115BAA is liable to pay tax at 22% on total income including long-term capital gains and not at 20% as per section 112. [S. 45 , 112, 143(1), Form 10IC ]
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