Belated filing of Form 10IE for AY 2022–23 – Not a Barrier to Section 115BAC Claim in AY 2023–24
In Rajeev Pandurang Kamat v. ITO (ITA No. 2602/PUN/2024), the Pune Bench of the ITAT, in its order dated 05.05.2025, held that “filing of Form 10IE is only directory and not mandatory in nature”, and directed the Assessing Officer to allow the assessee’s claim under Section 115BAC for AY 2023–24. It has held that belated Form 10IE for AY 2022–23 cannot be a Barrier to Section 115BAC Claim in AY 2023–24. ITAT has acknowledged the Technical Filing Constraint.
The assessee had filed Form 10IE belatedly for AY 2022–23, and due to portal restrictions, was unable to file it again for the year under consideration. The Tribunal noted that “once the assessee opted for taxation under section 115BAC of the Act and exercised, there can be no reason to deny the benefit in the years subsequent”, citing decisions in Akshay Devendra Birari and Indo British Garments Pvt. Ltd.
The ITAT concluded that “Form No.10IE was very much available with the CPC and the CPC ought to have considered the same allowing the benefit of New Tax Regime.” The appeal was thus allowed in favour of the assessee.
The copy of the order is as under:
