2025 (1) TMI 700

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..... IT(A) has erred in law and on facts by dismissing the appeal filed by the Appellant without granting an opportunity of being heard and therefore, upholding levy of tax and surcharge at 25% and 12% respectively, instead of 22% and 10% respectively, as prescribed under the provisions of section 115BAA of the Act. 2. The Ld. CIT(A) has erred in law and on facts by contending that the return of income and Form 10-IC were filed beyond the prescribed due dates for the AY 2022-23, inspite of the fact that the return of Income has been filed on 30 November 2022 and Form 10-IC was filed on 31 March 2022, which are well within the prescribed due date of 30 November 2022. 3. The Ld. CIT(A) has erred in law by contending that benefit under section .....

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..... me with a higher tax and surcharge rate. 10. The Ld. CIT(A) has erred by not providing additional time sought by the Appellant to make its submission for substantiating its claim. 11. The Ld. CIT(A) erred in law and on facts in deciding the issue against the Appellant without appreciating the fact the issue is premature and is subject to outcome of the condonation application for AY 2021-22 made by the Appellant. The Appellant craves leave to add, alter, rescind and modify the grounds herein above or produce further documents, facts and evidence before or at the time of hearing of this appeal. For the above and any other grounds which may be raised at the time of hearing, it is prayed that necessary relief may be provided." 3. The .....

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..... ng before the CIT(A) for the Assessment Year 2021-22 as the Assessee has filed Form 10IC for the Assessment Year 2021-22 belatedly. However, the Ld. Counsel further submitted that for the year under consideration the Assessee filed return of income on 30/11/2022 and Form 10IC was filed on 31st March, 2022 itself which are well within the prescribed due date of 30/11/2022, thus submitted that, the Lower Authorities have committed error in denying the benefit of provision of Section 115BAA of the Act, thus, sought for allowing the Appeal. 5. Per contra, the Ld. Departmental Representative submitted that the Assessee filed Form 10IC beyond the due date for Assessment Year 2021- 22 and the Form 10IC filed by the Assessee has not been accepted .....

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