10ie Filed Before 31st July, But ITR Filed belated

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A taxpayer filed their Form 10IE before the 31st July deadline but submitted their Income Tax Return (ITR) belatedly on 13th November. Consequently, the tax department disallowed the claim under Section 115BAC, stating that the option is not available for belated returns as per Section 115BAC(5). The taxpayer is seeking clarification on whether the department is correct and if they can file an ITR-U to claim deductions like 80C, or if rectification and appeal are viable options.

Gaurav Kaura

Gaurav Kaura (Querist)

31 May 2023 Sir,
I have filed Form 10IE of my assessee before ITR due date i.e. 31st July,22 ay22-23, But filed Belated- Return filed after due date on 13-11-2022 u/s 139(4), Now department disallwoed my claim of u/s 115BAC. My query is that the department right, or if department is right, Can now I file ITR-U in 139 8A and claim 80-c.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

01 June 2023 Department is not right file rectification and also go for appeal

Gaurav Kaura

Gaurav Kaura (Querist)

01 June 2023 Thanks Sir, I had filled a grievance and department reply following:-
Dear RAJNISH,

Greetings from Income Tax Department Helpdesk .

Issue Description: Sir, While processing of my ITR, you have calculated my tax as per old regime, But I had filed 10ie form before 31st july, So Kindly set off my demand and re-process my itr with new tax regime. My previous pending grievance is also submitted for the same issue.

Resolution: Dear Taxpayer, you have filed the original return after the due date for filing the return for the said AY. Hence, u/s 115BAC claimed is disallowed as per the provisions of the Income Tax Act. However, system has computed the Income/tax based on details submitted by you in the return of income