A. Alankamony (HUF) vs. The Income Tax Officer

Parties Involved

Facts Summary

The assessee, A. Alankamony (HUF), filed an appeal against the order of the Commissioner of Income Tax, Appeal, denying the concessional rate of tax under section 115BAC of the Income-tax Act, 1961. The denial was due to the non-filing of Form-10IE within the due date. The assessee argued that they attempted to file the form at the time of filing the return but faced technical issues with the web portal. The assessee provided a screenshot as evidence of their attempt. The assessee cited a decision from the ITAT, Pune Bench, to support their claim that the requirement to file Form-10IE is directory and not mandatory. The Departmental Representative relied on previous orders from lower authorities.…

Legal Issues

• 1. Whether the requirement to file Form-10IE is mandatory or directory?
• 2. Whether the assessee is entitled to the concessional rate of tax under section 115BAC?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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