provisions of section 10AA or
clause (iia) of sub-section (1) of section 32 or section 32AD or section 33AB or section
33ABA ... section (1) or sub-
section (2AA) or sub-section (2AB) of section 35 or section 35AD or section 35CCC or
section 35CCD or under
once again, in
accordance with the provisions of sub-section (5) of Section 115BAA of the
Act, the petitioner continued to opt for being taxed ... RANA
Signing Date:23.12.2022
16:08:56
terms of sub-section (1) of Section 115BAA , then, before proceeding
further, should the Assessing Officer
Intimation order u/s 143
(1)(a) of learned ITO, CPC by not allowing the rate of tax as per Sec 115BAA ... pertaining to applying the concessional rate of tax @ 22% under section
115BAA of the Act.
4. The brief facts of the case pertaining to this
intimation u/s 143(1) of the I.T.Act,
denied the benefit of section 115BAA of the I.T.Act for the
reason that ... date specified under section 139(1) of the
Act;
(ii) The assessee company has opted for taxation u/s
115BAA
petitioner to file the
Form 10-IC electronically as provided under Section 115BAA
of the Act read with Rule 21 AE of the Rules ... avail the
benefits under Section 115 BAA of the Act. Section 115 BAA
of the Act reads thus :
115BAA. (1) Notwithstanding anything contained in this
instead of @
25% as per section 115BAA of IT Act,1961
7. That the Commissioner of Income Tax (Appeals) has erred in facts ... instead of 25% as per
section 115BAA of the Act.
10. Ld. Counsel for the assessee submitted that the authorities below have
wrongly applied
under
section 143(1) on 29.03.2021. The CPC did not approve the reduce rate of
taxes applicable upon the assessee under section 115BAA ... though neither intimation under section 143(1) for
not calculating rate of tax on reduced rate u/s 115BAA contained any
reasoning nor processing
rates to be adopted while computing tax liability in
term of Section 115BAA(5) of the Act.
14. Brief facts are that the CPC , Bangalore ... Income
belatedly on 30.03.2021 when the due date of filing return u/s 139(1) was
15.02.2021, thereby failing in fist condition. The assessee
records in DIN
No. CPC / 2021/ A6/ 195447821 dated 24.12.2021 under section 143(1) of
the Act for the Assessment Year ... direct the respondents to recompute tax at 22
percentage under section 115BAA of the Act (exclusive of surcharge and
cess) for Assessment Year
been filed challenging the intimation dated
31st March, 2021, issued under Section 143(1) of the Income ... averred that though the
Petitioner had opted to be taxed under Section 115BAA of the Act, wherein
tax rate of 22% has been prescribed
