CIT v. A.N. Arunachalam

208 ITR 481High Court1994#1026 most cited

What is CIT v. A.N. Arunachalam authority for?

The requirement to file an audit report along with the return of income for claiming deductions under sections like 80-IA(7) or 80J(6A) is directory, not mandatory, and can be filed at any time before the assessment is finalized.

106

judgments rely on this decision, according to BharatTax’s citation analysis of 366,405 Indian tax judgments — from 2008 to 2026.

Also referred to as

CIT v. A.N. Arunachalam · Madras High Court · audit report filing · section 80-IA(7) · section 80J(6A) · mandatory vs. directory · filing before assessment · deduction under section 80IA · return of income · assessment procedure · claim for deduction

Issues it is cited on

Judgments citing CIT v. A.N. Arunachalam

Viswateja Spinning Mills Pvt Ltd, Guntur vs. Income Tax Officer (TDS), Ward-1, Guntur

In the result, appeal of the assessee is allowed for statistical purposes

ITA 578/VIZ/2025[2020-21]Status: DisposedITAT Visakhapatnam03 Dec 2025AY 2020-21

Bench: Shri Ravish Sood, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.Nos.575, 576, 577 & 578/Viz/2025 (निर्धारणवर्ा/ Assessment Years:2017-18, 2018-19, 2019-20 & 2020-21) Vs. Viswateja Spinning Mills (P.) Ltd., Income Tax Officer (Tds) -Ward – 1 Boyapalem Village Income Tax Office Boyapalem To Phirangipuram Road Cr Buildings, Kannavari Thota Venkayalapadu Post Guntur – 522001 Edlapadu Mandalam Andhra Pradesh Guntur District – 522233 Andhra Pradesh [Pan:Aabcv8759M] करदाता का प्रतततितित्व/ Assessee Represented By : Shri Gvn Hari, Advocate राजस्व का प्रतततितित्व/ Department Represented By : Dr. Aparna Villuri, Sr.Ar

Section 133ASection 206CSection 206C(6)

…ed the statutory form, viz., Form Page. No 7 I.T.A.Nos.575, 576, 577 & 578/VIZ/2025 Viswateja Spinning Mills (P.) Ltd., 27C, the technical breach was liable to be condoned by following the decision of this court in the case of CIT v. A.N. Arunachalam [1994] 208 ITR 481/75 Taxman 529 (Mad.). Therefore, we do not find any scope to entertain the said question. 3. As far as the first question is concerned, it related to sale of cotton waste. According to the Revenue, the said sale should be construed as sale of scrap within the meaning of Explanation (b) to section 206C of the Income-tax Act. Explanation (b) of sec…

Viswateja Spinning Mills Pvt Ltd, Guntur vs. Income Tax Officer (TDS), Ward-1, Guntur

In the result, appeal of the assessee is allowed for statistical purposes

ITA 577/VIZ/2025[2019-20]Status: DisposedITAT Visakhapatnam03 Dec 2025AY 2019-20

Bench: Shri Ravish Sood, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.Nos.575, 576, 577 & 578/Viz/2025 (निर्धारणवर्ा/ Assessment Years:2017-18, 2018-19, 2019-20 & 2020-21) Vs. Viswateja Spinning Mills (P.) Ltd., Income Tax Officer (Tds) -Ward – 1 Boyapalem Village Income Tax Office Boyapalem To Phirangipuram Road Cr Buildings, Kannavari Thota Venkayalapadu Post Guntur – 522001 Edlapadu Mandalam Andhra Pradesh Guntur District – 522233 Andhra Pradesh [Pan:Aabcv8759M] करदाता का प्रतततितित्व/ Assessee Represented By : Shri Gvn Hari, Advocate राजस्व का प्रतततितित्व/ Department Represented By : Dr. Aparna Villuri, Sr.Ar

Section 133ASection 206CSection 206C(6)

…ed the statutory form, viz., Form Page. No 7 I.T.A.Nos.575, 576, 577 & 578/VIZ/2025 Viswateja Spinning Mills (P.) Ltd., 27C, the technical breach was liable to be condoned by following the decision of this court in the case of CIT v. A.N. Arunachalam [1994] 208 ITR 481/75 Taxman 529 (Mad.). Therefore, we do not find any scope to entertain the said question. 3. As far as the first question is concerned, it related to sale of cotton waste. According to the Revenue, the said sale should be construed as sale of scrap within the meaning of Explanation (b) to section 206C of the Income-tax Act. Explanation (b) of sec…

Viswateja Spinning Mills Pvt Ltd, Guntur vs. Income Tax Officer (TDS), Ward-1, Guntur

In the result, appeal of the assessee is allowed for statistical purposes

ITA 575/VIZ/2025[2017-18]Status: DisposedITAT Visakhapatnam03 Dec 2025AY 2017-18

Bench: Shri Ravish Sood, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपीलसं./I.T.A.Nos.575, 576, 577 & 578/Viz/2025 (निर्धारणवर्ा/ Assessment Years:2017-18, 2018-19, 2019-20 & 2020-21) Vs. Viswateja Spinning Mills (P.) Ltd., Income Tax Officer (Tds) -Ward – 1 Boyapalem Village Income Tax Office Boyapalem To Phirangipuram Road Cr Buildings, Kannavari Thota Venkayalapadu Post Guntur – 522001 Edlapadu Mandalam Andhra Pradesh Guntur District – 522233 Andhra Pradesh [Pan:Aabcv8759M] करदाता का प्रतततितित्व/ Assessee Represented By : Shri Gvn Hari, Advocate राजस्व का प्रतततितित्व/ Department Represented By : Dr. Aparna Villuri, Sr.Ar

Section 133ASection 206CSection 206C(6)

…ed the statutory form, viz., Form Page. No 7 I.T.A.Nos.575, 576, 577 & 578/VIZ/2025 Viswateja Spinning Mills (P.) Ltd., 27C, the technical breach was liable to be condoned by following the decision of this court in the case of CIT v. A.N. Arunachalam [1994] 208 ITR 481/75 Taxman 529 (Mad.). Therefore, we do not find any scope to entertain the said question. 3. As far as the first question is concerned, it related to sale of cotton waste. According to the Revenue, the said sale should be construed as sale of scrap within the meaning of Explanation (b) to section 206C of the Income-tax Act. Explanation (b) of sec…

ACIT, CC-13, Jhandewalan vs. Sbl Pvt Ltd, Haridwar

In the result, the appeal of the Revenue is dismissed

ITA 4391/DEL/2025[2014-15]Status: DisposedITAT Delhi03 Dec 2025AY 2014-15

Bench: Shri Mahavir Singh & Shri Manish Agarwal[Assessment Year : 2014-15] Vs Acit Sbl Pvt. Ltd. Central Circle-13 Plot No.3, Sector-12, Iie, New Delhi. Sideul, Haridwar, Uttarakhand-249403. Pan-Aaccd0037H Appellant Respondent Revenue By Shri Jitender Singh, Cit Dr Assessee By Shri Shaurya Jain, Adv. Date Of Hearing 03.12.2025 Date Of Pronouncement 03.12.2025 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By Revenue Against The Order Dated 15.04.2025 Passed By Ld. Commissioner Of Income Tax (A)-26, New Delhi [“Ld.Cit(A)”] In Appeal No. 26/10525/17-18 U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising Out Of Assessment Order Dated 30.12.2016 Passed U/S 143(3) Of The Act Pertaining To Assessment Year 2014-15. 2. Brief Facts Of The Case Are That Assessee Company Engaged In Manufacturing Of Homoeopathy Medicines In India & Has Two Manufacturing Units Situated At Haridwar Which Are Eligible For Deduction U/S 80-Ic Of The Act & Also Has Units At Jaipur & Sahibabad, Which Are Non-Eligible Units. The Assessee Company Filed Its Return Of Income On 29.09.2014, Declaring Total Income Of Inr 18,85,40,940/-. The Case Was Selected For Scrutiny Through Cass & Notice U/S 143(2) Was Issued On 31.08.2015, Followed By Notices U/S 142(1) Alongwith Questionnaire. In Response, Requisite Details & Replies Were From Time To Time. After Considering The Submissions & Replies Filed By The Assessee In Support Of Its Claim, Ao Assessed The Income Of The Assessee Company At Inr 52,74,33,562/- Vide Assessment Order Dated 30.12.2016 Passed U/S 143(3) Of The Act By Making Estimation Of Income At Sahibabad Plant & Further By Making Disallowance Out Of Various Expenses & By Not Allowing The Deduction U/S 80Ic Of The Act.

Section 142(1)Section 143(2)Section 143(3)Section 250Section 80Section 80I

…y requirement. The Hon’ble Delhi High Court in the case in CIT Vs. Contimeters Electricals (P.) Ltd. reported in [2009] 317 ITR 249 (Delhi) by following the judgements of the hon’ble Madras High Court in the case of CIT Vs. A.N. Arunachalam reported in [1994] 208 ITR 481 and in the case of CIT v. Jayant Patel reported in [2001] 248 ITR 199 held that filing of audit report along with the return was not mandatory but directory and that if the audit report was filed at any time before framing the assessment, the requirement of provisions of the Act should be held to have been met. Further the judgments of hon’ble Ap…

Arif Industries Pvt.Ltd., Lucknow vs. CIT(A), Lucknow

In the result, the appeal of the assessee is partly allowed for statistical purposes

ITA 638/LKW/2024[2022-23]Status: DisposedITAT Lucknow28 Oct 2025AY 2022-23

Bench: Shri Kul Bharat & Shri Nikhil Choudharyआयकर अपील सं/ Ita No.638/Lkw/2024 ननिाारण वर्ा/ Assessment Year: 2022-23 Arif Industries Pvt Ltd V. Commissioner Of Income 2Nd Floor Metro City Centre, Tax Appeals/National Metro City, Paper Mill Faceless Appeal Centre Compound, Nishat Ganj, Delhi. Lucknow-226006. Pan:Aacca2048M अपीलार्थी/(Appellant) प्रत्यर्थी/(Respondent) अपीलार्थी कक और से/Appellant By: Shri Rajeev Joshi, Ca प्रत्यर्थी कक और से /Respondent By: Shri Amit Kumar, Cit(Dr) सुनवाई कक तारीख / Date Of Hearing: 09 09 2025 घोर्णा कक तारीख/ Date Of 28 10 2025 Pronouncement: आदेश / O R D E R

For Appellant: Shri Rajeev Joshi, CAFor Respondent: Shri Amit Kumar, CIT(DR)
Section 139Section 139(1)Section 143(1)(a)Section 44ASection 80

…n case the audit report is submitted at any time before the framing of the assessment, there would be substantial compliance with the provisions of Section 80J(6A). The Tribunal also relied on the decision of the Madras High Court in CIT vs. A.N. Arunachalam, 208 ITR 481 (Mad.), which, again, while considering the provisions of Section 80J(6A), took the same view as that of the Gujarat High Court. We notice that there are other decisions of other Courts taking the same view. The decisions being, CIT vs. Shivanand Electricals (1994) 209 ITR 63 (Bombay); Zenith Processing Mills vs. CIT (1996) 219 ITR 721 (Guj.); Ci…

Bhagwan Precision, Rohtak vs. Asstt. Commissioner of Income Tax, Rohtak

In the result, the appeal filed by the assessee is allowed

ITA 5174/DEL/2024[2017-18]Status: DisposedITAT Delhi18 Aug 2025AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri S.Rifaur Rahmanbhagwan Precision, Vs. Acit, 35, Subhash Nagar, Model Town, Rohtak. Rohtak – 124 001 (Haryana). (Pan : Aajfb6625K) (Appellant) (Respondent) Assessee By : Shri Ved Jain, Advocate Shri Ayush Garg, Ca Revenue By : Shri Rajesh Tiwari, Sr. Dr Date Of Hearing : 19.05.2025 Date Of Order : 18.08.2025 O R D E R Per S.Rifaur Rahman,Am: 1. The Assessee Has Filed Appeal Against The Order Of The Learned Addl./Jcit (Appeals)-6, Chennai [“Ld. Jcit(A)”, For Short] Dated 28.09.2024 For The Assessment Year 2017-18. 2. At The Time Of Hearing, Ld. Ar Of The Assessee Brought To Our Notice Brief Fact Of The Case That Assessee Is A Firm Engaged In The Business Of Manufacturing & Sale Of Precision Turned Parts. The Works Of The Assessee Is At Industrial Part Iv, Plot No.9 V, Begampur (Haridwar)

For Appellant: Shri Ved Jain, AdvocateFor Respondent: Shri Rajesh Tiwari, Sr. DR
Section 139Section 139(1)Section 139(5)Section 143(1)Section 234BSection 44ASection 80A(5)Section 80I

…in case the audit report is submitted at any time before the framing of the assessment, there would be substantial compliance with the provisions of Section 80J(6A). The Tribunal also relied on the decision of the Madras High Court in CIT v. A.N. Arunachalam, 208 ITR 481 (Mad), which, again, while considering the provisions of Section 80J(6A), took the same view as that of the Gujarat High Court. 9 We notice that there are other decisions of other Courts taking the same view. The decisions being, CIT v. Shivanand Electricals (1994) 209 ITR 63 (Bombay); Zenith Processing Mills v. CIT (1996) 219 ITR 721 (Guj.); CI…