The assessee had claimed the concessional tax regime benefit u/s 115BAB in its return but filed Form No. 10-ID belatedly on 12th Sept., 2022. The application for condonation of delay u/s 119(2)(b) was rejected by the Department. The High Court held that once the substantive benefit is claimed in the return of income, filing of the prescribed Form is only a procedural requirement and denial of benefit for such lapse is not justified when reasonable cause is shown. The Court noted that the CBDT itself had issued a series of circulars (Circular Nos. 6/2022, 19/2023 and 17/2024) acknowledging widespread difficulties faced by assessees in timely filing of Forms 10-IC/10-ID. Given this departmental recognition, the assessee’s lapse constituted sufficient cause. The Court further observed that had the assessee’s application remained pending till the issuance of Circular No. 17 of 2024, the delay would have been automatically condoned. Accordingly, exercising jurisdiction under Article 226, the impugned rejection order was quashed and the authorities were directed to treat Form 10-ID filed on 12th Sept., 2022 as legal and valid. (AY. 2021-22)
Royal Led Equipments (P) Ltd. v. CCIT (2025) 344 CTR 725 / 249 DTR 449 / 174 taxmann.com 61 (Guj)(HC)
S. 119 : Central Board of Direct Taxes-Circular-Return-Condonation of delay-Delay in filing Form No. 10-ID-Reasonable cause-Benefit claimed in return cannot be denied for procedural lapse-Authorities directed to accept belated Form as valid. [S. 119(2)(b), 139, Form 10-IC, Art. 226]
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