STAUBLI TEC SYSTEMS INDIA PRIVATE LIMITED,MUMBAI V. INCOME-TAX OFFICER, WARD 11(2)(1), MUMBAI

ITA 3968/MUM/2024

AI Insights

The case involves Staubli Tec Systems India Private Limited appealing against the decision of the CIT(A) which upheld the rejection of their concessional tax rate application under section 115BAA due to the non-filing of Form-10IC. The assessee argued that the form was not filed due to oversight, and cited several precedents where delays in filing similar forms were condoned. The revenue supported the lower authorities' decision, emphasizing the mandatory nature of the filing deadline. The tribunal, referencing the Gujarat High Court's decision in PCIT Vs KGY Glass Industries, found in favor of the assessee, allowing the appeal.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 785840 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 2 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-10-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2020-2021
• Appeal Filed On: 08-08-2024
• Other Referred Cases: PCIT Vs KGY Glass Industries (P) Ltd, KGY Glass Industries (P) Ltd Vs Add DIT, Aprameya Engineering Ltd Vs ITO, Shivam Wellness Pvt Ltd Vs Add IT, Bholanath Precision Engineering (P) Ltd Vs CIT
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SWAPNIL CHOUDHARY
• Assessee Lawyers: KETAN VED ABDULKADIR
• Section: 154; 11; 10B

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER& SMT RENU JAUHRI, ACCOUNTANT MEMBER ITA No. 3968/MUM/2024 (AY: 2020-21) (Physical hearing) Staubli Tec Systems India Private Limited, Khata No. 2782, Site No. 7, PID No.-003, W0487-2, Yelahanka, New Town Bangalore, Karnataka [PAN: AARCS 0744 D] Vs ITO Ward-11(2)(1), 4th Floor, Aayakar Bhawan, M.K. Road, Mumbai-400020, Appellant / Assessee Respondent / Revenue Assessee by Shri Ketan Ved with Abdulkadir Jawadwala Advocates Revenue by Shri Swapnil Choudhary, Sr. DR Date of Institution 08.08.2024 Date of hearing 30.09.2025 Date of pronouncement 31.10.2025 Order under section 254(1) of Income Tax Act PER PAWAN SINGH, JUDICIAL MEMBER: 1. This appeal by assessee is directed against the orders of ld. CIT(A) dated 20.04.2024 for AY 2020-21. Though, the assessee has raised multiple ground of appeal, however, in our considered view, the substantial ground of appeal relates to denial of relief on concessional rate of tax provided under section 115BAA of section 11 of Income Tax Act, for want of delay in filing Form-10-IC, rest of the grounds of appeal are consequential. 2. Rival submissions of both the parties have been heard and record perused. The learned Authorised Representative (ld. AR) of the assessee submits that the assessee filed its return of income on 11.02.2021 declaring income of Rs. 8.70 Printed from counselvise.com Staubli Tec Systems India Private Ltd. ITA No. 3968Mum/2024( AY 2020-21) 2 crore and computed its income under section 115BAA. While filing return of income the assessee opted benefits under section 115BAA. The assessee failed to file Form-10IC. The assessing officer / Central Processing Centre (CPC) while processing the return of income not allowed benefit of concessional arte of tax under section 115BAA. The assessee filed application under section 154 before CPC but the same was rejected. On appeal the action of CPC was upheld by ld CIT(A). The ld. AR of the assessee submits that there are series of decision by Tribunals and Gujarat High Court in PCIT Vs KGY Glass Industries (P) Ltd (2023) 156 taxman.com 18 (Gujarat) s wherein it has been consistently held that filing of Form 10IC is directory and delay in filing such for is liable to be condoned. 3. The ld. AR of the assessee also relied on the following orders,  PCIT Vs KGY Glass Industries (P) Ltd (2023) 156 taxman.com 18 (Gujarat),  KGY Glass Industries (P) Ltd Vs Add DIT (ITA No. 316/Srt/2022,  Aprameya Engineering Ltd Vs ITO (2024) 164 taxmann.com 740 (Ahd)  Shivam Wellness Pvt Ltd Vs Add IT ( ITA No 492 & 493/Srt/2023) 4. On the other hand, the learned Senior Departmental Representative (Sr. DR) for the revenue supported the order of lower authorities. The assessee has not filed Form 10-IC before lower authorities. The power to condone the delay in filing Form-10IC is only with CBDT. The request of assessee under section 154 was rightly rejected by CPC. Form-10IC must be file with in date prescribed by CBDT and such time limit is mandatory. The ld Sr DR of the revenue also filed his short written synopsis on record. To support his submissions he relied on the decision Printed from counselvise.com Staubli Tec Systems India Private Ltd. ITA No. 3968Mum/2024( AY 2020-21) 3 of Mumbai Tribunal in Bholanath Precision Engineering (P) Ltd Vs CIT (2022) 145 taxmann.com 180 (Mum-Trib). 5. We have considered the rival submissions of both the parties and have gone through the orders of lower authorities carefully. We have also deliberated on laws relied by the ld. AR of the assessee. We also considered the written synopsis filed by ld Sr DR of the revenue. We find that there is very short dispute in the present appeal. Admittedly, the Form 10-IC is filed for the first time before Tribunal. Before ld CIT(A) the assessee explained that Form-10IC was not filed due to oversight. It is settled position under the law that appeal is the continuation of original proceedings. 6. We find that Gujarat High Court in PCIT Vs KGY Glass Industries (P) Ltd (supra) it was held that where the assessee could not upload Form10-IC due to technical error, there being no fault of the assessee, it could not be deprived of benefit under section 115BAA. We also find that in a series of decision, various High Courts as well as Tribunals have taken consistent view that when audit report / Form 10B was filed even at later stage and the same was available before assessing officer when return was processed, the assessee is entitled to exemption. Thus, considering the facts of the case and keeping in view decision of Hon’ble Gujarat High Court in PCIT Vs KGY Glass Industries (P) Ltd (supra) the jurisdiction assessing officer is directed to allow benefit of section 115BAA, if the assessee fulfils all other requisite conditions. So far as decision relied by ld SR DR Printed from counselvise.com Staubli Tec Systems India Private Ltd. ITA No. 3968Mum/2024( AY 2020-21) 4 for the revenue in Bholanath Precision Engineering (P) Ltd Vs CIT (supra) is concerned, the assessee in that case has not filed Form-10IC even before Tribunal as has been recorded in para -9 of the decision. Thus, the reliance on such case law is not helpful to the revenue. In the result, grounds of appeal raised by assessee are. 7. In the result, the appeal of the assessee is allowed. Order was pronounced in the open Court on 31/10/2025. Sd/- RENU JAUHRI ACCOUNTANT MEMBER Sd/- PAWAN SINGH JUDICIAL MEMBER MUMBAI, Dated: 31/10/2025 Self Copy of the order forwarded to: (1) The Assessee; (2) The Revenue; (3) The PCIT / CIT (Judicial); (4) The DR, ITAT, Mumbai; and (5) Guard file. By Order Assistant Registrar ITAT, Mumbai Printed from counselvise.com "