Neptunus Power Plant Services Private ... vs Adit, Cpc, Bangalore on 18 December, 2023
(d)] of Part A - General- Filing Status, the same ought not be rejected
because the software would not accept the assessee to make both the
claims i.e. at the same time assessee could not have claimed
concessional rate of tax @ 22% u/s 115BAA as well as 25% tax
payable. We find that similar alternate plea was raised before this
Tribunal in the case of Bholanath Precision Engineering Pvt. Ltd. v
CIT (supra) wherein similar alternate plea was raised, and the Tribunal
remanded the matter back to AO to decide the rate of tax as per the
applicable provision of law after hearing the assessee by holding as
under: