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Income Tax--New Tax Regime

When Intimation Under Section 143(1) has Already been Issued Fixing the Liability of the Omission on the Part of the Assessee in Filing the Form 10-IC Electronically : Whether the Delay or Omission Can be Condoned?

Akhilesh Kumar Sah

In this write-up the learned author, with the help of a very recent case, decided by Gujarat High Court being in Rajkamal Healds case (R/Special application No. 1085 of 2020 dated 20-01-2022), discusses the issue as to whether the delay or omission on the part of assessee to file Form 10-IC electronically as provided under Section 115BAA of the Income Tax Act read with Rule 21AE of the Rules can be condoned so as to enable assessee to get deductions or exemptions. In the instant case, the Gujarat High Court disposed the writ application reserving the liberty for the writ applicant to file an appropriate application addressed to the Chief Commissioner of Income Tax under Section 119(2)(b) of the Act with a request to permit him to file Form 10-IC electronically. If any such application is filed then the Chief Commissioner shall look into it expeditiously and may exercise his discretion in accordance with law. He sums up that the assessees should be given a chance for omissions without deliberate act in filing forms for claiming deductions or exemptions. For example, filing form 10E for claiming relief under Section 89 of the Act.

1. Introduction

Prescribed manner of availing the benefit of Section 115BAA of the Income Tax Act, 1961 (for short, 'the Act') is to file the Form 10-IC electronically. It is only upon filing of Form 10-IC electronically that the department would be in a position to give effect to the provisions of Section 115BAA of the Act and process the return of income accordingly.

 Section 115BAA of the Act mentions:

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