2025 (5) TMI 521

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..... al preferred by the assessee against the order of the cita.-1, ADDL/JCIT (A)-1 Ludhiana (hereinafter referred to as the "Ld. CIT(A)"] dated 22/11/2024 for the AY 2021-22. 02. The only issue raised in ground no.1 is against the order of ld. CIT (A) affirming the order of AO/CPC in not granting benefit of Section 115BAA of the Income-tax Act, 1961 (the Act) and invoking the provisions of Section 11 .....

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..... the assessee has opted in the preceding assessment year for lower tax rate by filing form 10-IC. The assessee filed the appeal before the ld. CIT (A) which was also dismissed by upholding the order of AO/ CPC. 04. After hearing the rival contentions and perusing the materials available on record, we find that assessee was not given any show cause notice by the AO/CPC before making rejecting the b .....

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..... d cannot be sustained. Consequently, we quash the intimation passed u/s 143(1) of the Act. 05. Even on merit, the form no.10-IC which was stated to be filed beyond the due date of filing the return of income u/s 139(1) of the Act, we find that the same is not mandatory and at best can be regarded as a directory and procedural issue and therefore, even on merit the assessee case is very strong cas .....

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