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Judgment
PER SATBEER SINGH GODARA, JM
This assessee’s appeal for assessment year 2020-21, arises against the Commissioner of Income Tax (Appeals)/Addl./JCIT(A)-1, Vadodara’s order dated 11.11.2025 having DIN and order no. ITBA/APL/S/250/2025-26/1082498156(1), involving proceedings under section 154 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’). Case called twice. None appears at the assessee behest. It is according proceeded ex-parte.
It next transpires during the course of hearing that with the able assistance coming from the Revenue side that the assessee/appellant is aggrieved against both the learned lower authorities’ respective section 154 rectification and the lower appellate findings denying its assessment under the newly introduced provision section 115BBA of the Act for the sole reason that it had failed to file/upload the prescribed Form 10-IC on or before the due date of filing return under section 139(1) of the Act.
We find no merit in the Revenue’s instant sole substantive grievance in light of CIT vs. Xavier Kelavani Mandal (P.) Ltd., [2014] 41 taxmann.com 184 (Guj.) which has already settled the issue in assessee’s favour that such a compliance of filing/upholding Form 10-IC is only directory than mandatory in nature. That being the case, we find merit in the assessee’s instant sole substantive grievance and direct the learned Assessing Officer to frame its consequential computation as per law after verifying all the relevant facts.
This assessee’s appeal is allowed for statistical purposes.