VRG Electronics (P.) Ltd. v. PCIT (2025) 307 Taxman 109 (Delhi)(HC)

S. 119: Central Board of Direct Taxes-Circular-Form 10-IC-60-day delay-Mistake of accountant-Matter remanded to the file of PCIT for de novo consideration. [S. 115BAA,119(2)(b), 139(1), Form-10-IC, Art. 226]

Assessee-company opted for taxation under Section 115BAA for Assessment Year 2023-24, requiring the filing of Form 10-IC by the due date under Section 139(1). Due to the accountant’s inadvertence, Form 10-IC was filed on 29.12.2023 and ITR on 30.12.2023, with a 60-day delay. Assessee applied under Section 119(2)(b) for condonation, explaining reliance on the accountant and prompt filing upon realising the lapse. PCIT rejected the application, citing prior timely filings and lack of reasonable cause. On writ the Court held that since fault on part of accountant surely reflected reasonable cause for noncompliance by assessee and after receipt of email from respondent regarding non-filing of ITR, Form 10-IC, and ITR were promptly filed, this would substantiate explanation for filing Form 10-IC and ITR beyond time and accordingly, the order passed by the PCIT   was without considering averments made by petitioner in application and to that extent, it was an unreasoned order and thus, matter was to be remanded back to PCIT for a de novo consideration Circular no. 9/2015 [F.No. 312/22/2015-OT] dated 9-6.2025. (AY. 2023-24)

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