Sunpack Barrier Films (P.) Ltd. v. ADIT (2024) 112 ITR 1/ 206 ITD 700 (Ahd)(Trib.)

S. 115BAA : Tax on income of certain domestic companies-Determination of tax in certain cases-Delay in filing of Form 10-IC-Circular extending the time for filing of return-Eligible for concessional tax rate under section 115BAA.[S. 139(1), Form No. 10-IC]

Assessee-company engaged in the manufacturing of flexible films, filed its income-tax return for assessment year 2021-22 on 30-12-2021, and opted for reduced taxation under section 115BAA. However, CPC calculated the tax liability without considering this provision, resulting in an additional tax demand. Commissioner (Appeals) dismissed appeal, citing assessee’s failure to file Form 10-IC within stipulated deadline as per Circular No. 06/2022 dated 17-3-2022. On appeal it  was contended that  Circular No. 19/2023 issued by CBDT allowed for condonation of delay in filing Form No. 10-IC for AY 2021-22, and it had met all conditions specified in Circular, including timely filing of income-tax return, selection of taxation under section 115BAA, and electronic filing of Form No. 10-IC before deadline. Since assessee had fulfilled all conditions specified in said circular and had filed Form No. 10-IC within stipulated timelines, it would be eligibile to claim concessional tax rate under section 115BAA. (AY. 2021-22)

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