Arup Khan vs ITO, Ward 58(3)

These assessee’s three appeals ITA Nos. 826-828/Del/2026 for Assessment Years 2021-22, 2022-23 & 2023-24, arise against the separate orders, all dated 29/11/2025 of the ADDL/JCIT (A)-4 MUMBAI, in proceedings u/s 143(1) of the Income Tax Act, 1961 (in short “the Act”).

Heard both the parties at length. Case files perused.

After vehementl y arguing for quite some time, learned counsel for assessee does not press for the above former twin appeals ITA Nos. 826 & 827/Del/2026 and seeks to withdraw the same. Dismissed as withdrawn.

Coming to assessee’s third appeal ITA No. 828/Del/2026, it is stated that both the learned lower authorities have declined his claim of assessment u/s 115BAC of the Act for the sole reason that he had belatedl y filed/uploaded the prescribed Form 10-IE during the course of processing / scrutiny, as the case may be. The Revenue could hardl y dispute that this tribunal Coordinate Bench of Ahmedabad in Arun Gopilal Samnani vs. ITO (2025) 174 taxmann.com 33 dated 29.4.2025 has already settled the issue in assessee’s favour that such a compliance of filing or uploading Form 10-IE is directory than a mandatory provisions. I thus find merit in assessee’s grievance and accordingl y, direct the Assessing Officer to assess the income of the assessee under new tax regime i.e. Section 115BAC of the Act as per law.

In the result, the assessee’s former twin appeals ITA Nos. 826 & 827/Del/2026 are dismissed as withdrawn and ITA No. 827/Del/2026 is allowed in above terms. A copy of this common order be placed in the respective case files.