Assessee-company filed its return and selected option to be assessed under lower rate of tax under section 115BAA . Assessee failed to file Form No. 10-IC within the due date for furnishing return due to various reasons including the effect of the COVID pandemic on its operations. Thereafter, the assessee filed physical Form No. 10-IC after a delay of 11 days and also filed an application for condonation of delay. However, the same was rejected on ground that the assessee had not filed the form electronically and that assessee had not made out a case of genuine hardship. On writ, it was contended that relevant assessment year was the first year in which filing of Form No. 10-IC was prescribed to avail benefit under section 115BAA . Further, the assessee was subjected to genuine hardship, as a substantial tax demand was raised, whereas no tax would have been payable on application of section 115BAA. Thus, the possibility of the assessee having inadvertently failed to file Form No. 10-IC within time could not be ruled out. High Court set aside the order rejecting the assessee’s application for condonation of delay; delay in filing Form No. 10-IC was condoned. (AY. 2020-21)
Rama Industries Ltd v. Pr.CIT [2026] 309 Taxman 221 (Bom)(HC)
S. 115BAA: Tax on income of certain domestic companies-Concessional tax regime-Failure to file Form No. 10-IC within the due date due to COVID and portal issues-First year of regulation-Genuine hardship arose from denial of benefit, resulting in substantial tax demand; delay in filing Form 10-IC was condoned. [S. 119, Form No 10-IC, R. 21AE]
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