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4. However, the Ld. Addl / JCIT(A) was not satisfied and rejected the arguments advanced by the assessee by observing as under:

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The facts of the case in the light of the arguments made by the appellant are carefully considered. Section 115BAA of the Income Tax Act, 1961 was inserted by the Taxation Laws (Amendment) Act, 2019 w.e.f. 01-04-2020. As per the Section, the income tax payable in respect of the total income of a person, being a domestic company, for any previous year relevant to the assessment year beginning on or after the 1st day of April, 2020 shall, at the option of such person be computed at lower tax rate subject to satisfaction of conditions contained in sub-section(2) of the of the Section:
(a)As per section (5) of section 115BAA of the Act Read with rule 21AE of the Income Tax Rules, 1962, the assessee company is required to submit Form 10-IC electronically on or before the due date of filing of return u/s 139(1) of the Act and such option once exercised shall apply to the subsequent assessment years.
(b)Failure to furnish such option in the prescribed form on or before the due date specified u/s 139(1) of the Act results in denial of concessional rate of tax to such person.

4. Keeping in view the above facts, I am of the opinion that the appellant domestic company has violated the provisions as per section (5) of section 115BAA of the Act Read with rule 21AE of the Income Tax Rules, 1962, by which the assessee company is required to submit Form 10-IC electronically on or before the due date of filing of return u/s 139(1) of the Act. Therefore, in the facts and circumstances of the case and in law, the Ld. Asst. Director of Income Tax, CPC was correct in undertaking the adjustment, when processing of the return of income, selection of the cases for further scrutiny, claim of the refunds of the assessee or all determined based on the return filed by the appellant company and when the provisions of the law and the relevant rules strictly provides that all necessary documents must be filed upto the due date for furnishing the Return of Income under sub-section (1) of Section 139, subsequent filing of any document cannot be considered for processing of the return. But in this case Form 10-IC has not been filed yet. Hence, the corresponding charging of tax at normal rates is upheld and the grounds of appeal raised by the appellant are hereby dismissed

6. The Circular does not specifically state as to whether all three conditions have to be cumulatively complied with or the condition of the assessee can be condoned with regard to partial compliance or part compliance of the conditions in the Circular.

7. Be that as it may, it is not in dispute that the assessee has filed the return of income for the assessment year 2020-21 on or before the due dates specified under Section 139(1) of the Act. Equally, it is not in dispute that the assessee company has opted for taxation under Section 115BAA of the Act. This option was available to the assessee by opting the option given in filing status in Part A- GE of the form by return of income in ITR6. This conduct of the assessee will undoubtedly go to show that the assessee intended to opt to pay tax under the simplified tax regime as also accepted in the Circular issued by the Central Board. Furthermore, during the relevant period there was Covid pandemic which also led to certain other difficulties for the assessee to upload the form along with the return within the extended time thereof. That apart, the assessee has specifically stated that they had certain difficulties in uploading the form in the Income tax portal. One more aspect which the assessee pointed out is that in case of a HUF opting under the new taxation scheme under Section 115BAC, the portal requires management number of 10IE while filing the income tax return as this being a mandatory column and the assessee continue process of filing ITR without filling the same and if there was non-compliance in filing Form 10IE, the assessee would be aware of that and will submit the same but such facilities is not provided when returns are filed by companies.