CIT v. Contimeters Electricals (P.) Ltd.

317 ITR 249High Court2009#724 most cited

What is CIT v. Contimeters Electricals (P.) Ltd. authority for?

The requirement to file an audit report along with the return of income under section 80-IA(7) and similar provisions is directory, not mandatory. Such a report suffices if filed at any time before the assessment is framed.

140

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2013 to 2026.

Also referred to as

Contimeters Electricals · section 80IA(7) · audit report filing · mandatory vs directory · along with return · before assessment · section 80IC · section 80J(6A) · Form 10CCB · deduction claim procedure

Issues it is cited on

Judgments citing CIT v. Contimeters Electricals (P.) Ltd.

Assistant Commissioner of Income Tax, Central Circle-2, Surat vs. M/S Hi-Tech Sweet Water Technologies(P) Ltd., Surat

In the result, appeal filed by the Revenue is dismissed

ITA 230/SRT/2022[2019-20]Status: DisposedITAT Surat30 Jan 2023AY 2019-20

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.230/Srt/2022 "नधा"रण वष"/Assessment Year: (2019-20) (Physical Court Hearing) Assistant Commissioner Of M/S Hi-Tech Sweet Water Income-Tax, Central Circle-2, Technologies (P.) Ltd., 5Th Room No.505, Floor, Vs. 4, Gopal Nagar, Nandeda Char Aayakar Bhawan, Majura Gate, Rasta, Gidc, Bardoli–394601 Surat-395001 (Appellant) (Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaach7432C िनधा"रती क" ओर से Assessee By Shri Kiran K. Shah, Ca राज"व क" ओर से /Respondent By Shri Vinod Kumar, Sr.Dr सुनवाई क" तारीख/Date Of Hearing 23/12/2022 घोषणा क" तारीख/Date Of Pronouncement 30/01/2023

Section 143(1)Section 143(3)Section 250(4)Section 80I

…Section 80IA and hence, the ratio of the said decision squarely applies to the facts of the assessee’s case under consideration. 10. We note that a similar view was upheld by the Hon`ble Delhi High Court in the case of CIT vs Contimeters Electrics Pvt. Ltd., 317 ITR 249 (Delhi) and CIT v. Web Commerce India Pvt. Ltd., 318 ITR 135 (Delhi) and these decisions were upheld by Hon'ble Supreme Court. We note that all the grounds of appeals are inter-connected and are dealt with jointly. We note that Assessing Officer had disallowed the claim of deduction u/s 80IA of the Act merely because form 10CCB was not filed alon…

Shiva Neeti Developers, Kanpur vs. Income Tax Officer, Ward-3(4), Kanpur

In the result, the appeal of the assessee is partly allowed

ITA 699/LKW/2017[2014-15]Status: DisposedITAT Lucknow21 Oct 2022AY 2014-15

Bench: Shri. Vijay Pal Raoassessment Year: 2014-15 Shiva Neeti Developers V. The Income Tax Officer 3A/185, Azad Nagar Ward 3(4) Kanpur Kanpur Tan/Pan:Abqfs8644D (Appellant) (Respondent) Appellant By: Shri Abhinav Mehrotra, Advocate Respondent By: Shri Amit Nigam, D.R. Date Of Hearing: 19 10 2022 Date Of Pronouncement: 21 10 2022 O R D E R This Appeal By The Assessee Is Directed Against The Order Dated 21.8.2017 Of The Ld. Cit(A)-I, Kanpur For The Assessment Year 2014-15. 2. The Assessee Has Raised The Following Grounds:

For Appellant: Shri Abhinav Mehrotra, AdvocateFor Respondent: Shri Amit Nigam, D.R
Section 139(1)Section 143(2)Section 44ASection 801BSection 80ASection 80I

…der Section 80-IB of Act, 1961, there is no obligation on the part of Assessee to file return accompanied by audit report, thereby, holding that same is not mandatory. 0. Same view was taken by Delhi High Court in CIT v. Contimeters Electrical (P) Ltd. [2009] 317 ITR 249/178 Page 8 of 13 Taxman 422; by Madras High Court in CIT v. Jayant Patel [2001] 248 ITR 199/117 Taxman 707. 42. Supreme Court in CIT v. G.M. Knitting Industries (P) Ltd. [2015] 376 ITR 456/[2016] 71 taxmann.com 35 dismissed appeal of Revenue and confirmed the view taken by Madras High Court holding that filing of audit report and form 10CCB al…

M/S Roopa Steam Calendering Works, Tirupur vs. DCIT, CPC, Bengaluru

In the result, the appeal of the assessee is allowed

ITA 284/CHNY/2022[2017-18]Status: DisposedITAT Chennai18 Aug 2022AY 2017-18

Bench: Shri Mahavir Singhand Dr. Dipak P. Ripoteआयकर अपील सं./Ita No.284/Chny/2022 िनधा"रण वष" /Assessment Year: 2017-18 M/S. Roopa Steam Calendering The Dy. Commissioner Of Works, Income Tax, 647/1, Btra Ginning Compound, Vs. Centralized Processing Center, Palladam Road, Bengaluru. Tirupur – 641 605 [Pan: Aadfr-6895-H] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Ms. Joshita Jothi, C.A ""यथ" क" ओर से /Respondent By : Shri Hema Bhupal, Jcit सुनवाई क" तारीख/Date Of Hearing : 18.08.2022 : 18.08.2022 घोषणा क" तारीख /Date Of Pronouncement आदेश / O R D E R

For Appellant: Ms. Joshita Jothi, C.A ""For Respondent: Shri Hema Bhupal, JCIT
Section 143(1)Section 80Section 80I

…not mandatory. Therefore, it is clear that before the assessment is completed if such report is filed, no fault could be found against the assessee. That was also the view of the Delhi High Court in the case in CIT v. Contimeters Electricals (P.) Ltd. [2009] 317 ITR 249/ 178 Taxman 422 (Delhi), wherein the Delhi High Court, by following the judgements of the Madras High Court in CIT v. A.N. Arunachalam [1994] 208 ITR 4.8.1. / 75 Taxman 529 and in CIT v. Jayant Patel [2001] 248 ITR 199/ 117 Taxman 707 (Mad.) held that the filing of /audit report along with the return was not mandatory but directory and that if th…