PCIT v. KGY Glass Industries (P.) Ltd. (2023) 156 taxmann.com 18 /(2024) 296 Taxman 180 (Guj)(HC

S. 115BAA: Tax on income of certain domestic companies-Determination of tax in certain cases-Failure to file Form No 10IC before due date of filing of return-Due to technical error, there being no fault of assessee, it could not be deprived of benefit under section 115BAA particularly when this being first year for availing such benefits-Order of Tribunal is affirmed.[S. 260A]

Assessee, a domestic textile company, opted to be taxed under section 115BAA and declared their return of income as nil. The AO assessed the return of income under section 115JB for the reason that it had not filed Form No. 10IC, on or before the due date of filing of return of income. The Commissioner (Appeals) confirmed the assessment order. On appeal, the ITAT allowed the assessee’s appeal. The Hon’ble Gujarat High Court observed that Form 10IC was furnished by the assessee on 29-1-2022 and therefore, we are of the opinion that since the assessee could not upload Form No. 10-IC, on ITBA portal on account of technical error, there being no fault of the assessee, it could not be deprived of benefit particularly when this being the first year for availing such benefits. The High Court dismissed the revenue’s appeal as there was no error of fact and Law in the order of the ITAT. (AY. 2020-21)