humbly submitted before Hon'ble Bench that the
sub-section (5) of section 115BAA, which mandates the filing of
form ... conditions
contained in subsection (2) of the section.
1.2 As per sub-section (5) of section 115BAA of the act read with
Rule 21AF
violating the provisions of
section 115JAA , thus fails to satisfy the conditions contained in sub-
section (2) of section 115BAA , accordingly the option shall become ... However, in terms proviso to sub-section (1) r.w.
sub-section (2) of Section 115BAA , there are certain conditions imposed on
the assessee which
extended due
date under section 139(1) opting
IN THE ITAT MUMBAI BENCH 'E' provisions of section 115BAA
and filed Form ... return
of income within extended due
date under section 139(1) opting
provisions of section 115BAA
and filed Form No. 10-IC before
time prescribed
strictly in accordance with the
terms of Sub-section (2) of Section 115BAA of the Act. However, in our view, the same would ... conditions
contained in subsection (2) of the section.
1.2 As per sub-section (5) of section 115BAA of the act read with Rule 21AF
same or any other
previous year."
6.1.1. Sub-section (5) of section 115BAA prescribes the time and manner for
exercising the option ... conditions contained in subsection (2) of the section.
1.2 As per sub-section (5) of section 115BAA of the act read with Rule 21AF
exercised in accordance with the
provisions of sub-section (5) of section 115BAA by a person,
being a domestic company, for any previous year relevant ... 115BAA(1) in accordance with the provision of sub- section
5 of section 115BAA for the relevant assessment year 2020-21 by
furnishing prescribed form
erred
in applying provisions under section 115JB in spite of the fact that
assesssee has opted for section 115BAA though ITR & Form 3CA. total ... applying provisions of section
115BAA .The CPC calculated tax u/s 115JB (instead of section 115BAA ) and
has not given the benefit of the provisions
clause (b) of sub-section (2) of said section, such
person may exercise option under this section:
Provided further that once the option has been ... depreciation, if
any under any provisions of section 32 except clause (iia) of sub-section(1) of section 32
along with various other conditions
u/s. 154 of the Act for
rectification of intimation issued u/s. 143(1) of the Act ignoring the provisions of
section 115BAA ... 21AE, Income-tax Rules, 1962
Exercise of option under sub-section (5) of section 115BAA .
21AE. (1) The option to be exercised in accordance with
therefore
claimed the benefit of provisions of section 115BAA of the Act for the
A.Y. 2021-22 as well. However, the CPC vide intimation ... date specified under section 139(1) of the Act;
ii) The assessee company has opted for taxation u/s 115BAA of the
Act in item
