> v. Principal Commissioner Of Income Tax, Delhi-7 & Ors

$~36 *IN THE HIGH COURT OF DELHI AT NEW DELHI+W.P.(C) 4138/2024 and CM APPL. 16931/2024VANSHIKA BUILDTECH LIMITED.....Petitioner .....Petitioner Through:Mr Sumit K. Batra with Mr ManishKhurana and Ms Priyanka Jindal,Advocates. versus PRINCIPAL COMMISSIONER OF INCOME TAX, DELHI-7 &ORS......Respondents .....Respondents Through:Mr Sanjay Kumar, SSC with MsMonicaBenjaminandMsEashaKadian, Advocates. CORAM:HON'BLE THE ACTING CHIEF JUSTICEHON'BLE MR. JUSTICE TUSHAR RAO GEDELA O R D E R%20.01.2025 1.The petitioner has filed the present petition, inter alia, impugning anorder dated 11.08.2023 passed by the concerned authority rejecting thepetitioner’s application for condonation of delay in filing Form 10(IC)electronically for availing the benefit of a special rate of tax as providedunder Section 115BAA of the Income Tax Act, 1961 (hereafter the Act) inrespect of assessment year (AY) 2020-21. 2.The petitioner also seeks a consequent relief of modification of theintimation dated 23.12.2021 issued under Section 143(1) of the Act. Thepetitioner submits that AY 2020-21 was the first year of operation of Section115BAA of the Act. Special rate of tax was available to certain assessees,subject to the assessee filing an application in a requisite manner, within thetime as prescribed for filing of a return under Section 139(1) of the Act. 3.The learned counsel for the petitioner submits that the Central Board of Direct Taxes (CBDT) has now issued a circular (being Circular No. 17 of2024 dated 18.11.2024) under Section 119(2)(b) of the Act, empowering theconcernedofficersviz.PrincipalCommissionerofIncomeTax/Commissioner of Income Tax, Chief Commissioner of Income Tax andDirector General of Income Tax for considering and dealing withapplication for condonation of delay in filing Form 10(IC). 4.Mr. Kumar, the learned counsel appearing for the Revenue fairlysubmits that the parties did not have the benefit of the aforementionedcircular which has been issued subsequently and the matter may beremanded to the concerned officer to consider the petitioner’s application inthe light of the aforementioned circular. 5.The learned counsel appearing for the petitioner is agreeable to thiscourse. 6.Consequently, with the consent of the parties, we set aside theimpugned order dated 11.08.2023. We permit the petitioner to make anapplication before the competent officer. We further clarify that, if theapplication is made within a period of two weeks from date, the competentofficer shall consider the same on merits including in the light of theCircular No. 17 of 2024 dated 18.11.2024. 7.The present petition is disposed of. Pending application also standsdisposed of. VIBHU BAKHRU, ACJ JANUARY 20, 2025 tr TUSHAR RAO GEDELA, J