CIT v. G.M. Knitting Industries (P.) Ltd.

376 ITR 456Supreme Court of India2015#403 most cited

What is CIT v. G.M. Knitting Industries (P.) Ltd. authority for?

The requirement to file a certificate or form (e.g., Form 10CCB, 10-IC) along with the return of income for claiming a deduction (e.g., under sections 80-IB, 115BAA) is directory regarding its timing. Such a deduction is allowable if the requisite form is filed before the final order of assessment, as procedural requirements should not override substantive benefits.

221

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2026.

Also referred to as

CIT v. G.M. Knitting Industries · 376 ITR 456 · G.M. Knitting · Section 80-IB · Section 115BAA · Section 80JJAA · Section 10B · Form 10CCB · filing forms for deduction · timing of claim · procedural vs substantive benefits · assessment procedure · Supreme Court

Issues it is cited on

Judgments citing CIT v. G.M. Knitting Industries (P.) Ltd.

NTT MANAGED SERVICES INDIA PRIVATE LIMITED,HYDERABAD vs. DCIT., CIRCLE-5(1), HYDERABAD

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

ITA 1165/HYD/2025[2023-24]Status: HeardITAT Hyderabad04 Mar 2026AY 2023-24

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं /Ita.No.1165/Hyd/2025 Assessment Year 2023-2024 Ntt Managed Services India Private Limited, The Dcit, Vs. Hyderabad. Telangana. Circle-5(1), Hyderabad. Pin 500 081 Pan Aarcs7517G (Appellant) (Respondent) िनधा"रती "ारा/Assessee By -None- राज" व "ारा/Revenue By : Sri Mathivanan Sa, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 02.03.2026 घोषणा की तारीख/Pronouncement: 04.03.2026 आदेश/Order Per Vijay Pal Rao:

For Respondent: Sri Mathivanan SA, Sr. AR
Section 108(8)Section 143(1)Section 80J

…the IT Act should not be denied. 10. While passing the above ruling the Ahmedabad Tribunal has inter alia made reference to the following rulings: Hon'ble Apex court ruling in the cases of CIT v. GM Knitting Industries (P.) Ltd.[2016] 71taxmann.com 35/[2015) 376 ITR 456 wherein it was held that, even though it is necessary to file certificate in Form10CCB along with the 9 ITA.No.1165/Hyd./2025 return of income, if the same has not been filed with the return of income, but the same was filed before the final order of assessment was made, the assessee was entitled to claim deduction under section 80-IB. The Hon'b…

SUVODEEP PYNE,GARIA vs. ITO, WARD 63(1),, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 2252/KOL/2025[2020-2021]Status: DisposedITAT Kolkata21 Jan 2026AY 2020-2021

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.2251&2252/Kol/2025 Assessment Years: 2018-19 & 2020-21 Suvodeep Pyne…………………..…..……….………….……….……….……Appellant Castle Apt 3B, 129, Garia Main Road, Kamdahari, Garia S.O, W.B-700084.. [Pan: Bbypp8655C] Vs. Ito, Ward-63(1), Kolkata……………………………..…….....……...…..…..Respondent Appearances By: Shri Siddharth Pratim Dutta, Adv. & Sanjana Jha, Adv., Appeared On Behalf Of The Appellant. Shri S B Chakraborthy, Cit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 04, 2025 Date Of Pronouncing The Order : January 21, 2026 Order Per Pradip Kumar Choubey: Both The Captioned Appeals Have Been Preferred By The Assessee For The Assessment Years 2018-19 & 2020-21 Against Separate Orders Both Dated 09.08.2025 Of The Addl/Jcit(A) Kochi [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since, The Issues Involved In Both The Appeals Are Common & Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. Ita No.2251/Kol/2025 Is Taken As Lead Case For Narration Of Facts. Ita No.2251/Kol/2025 – Brief Facts Of The Case Are That In This 2. Case, The Assessee Filed His Return Of Income For The Fy-2017-18, Relevant To The A.Y- 2018-19 On 29.08.2018 By Disclosing Gross Total Income Of Rs. 68,85,998/- & Claimed Deduction A Sum Of Ra.7,455/-. During The Year Under Consideration, The Assessee Disclosed Income From Salary Of

Section 111ASection 112Section 154Section 250Section 90

…and violation of procedural norm does not extinguish the substantive right of claiming the credit of FTC. In support of the claim, the assessee has relied upon several decisions including the following decision: i. . CIT vs. G.M. Knitting Industries (P) Ltd. 71 Taxmann.com 35(SC) ii) Brinda Ramakrishna vs. IPO 193 ITD 840 (Bang) iii) 42 Hertz Software India Pvt. Ltd vs Asst. CIT. Ita No. 29. Hang/2001 iv) Duraiswamy Kumaraswamy vs. PCIT, W.P No.5834 of 2022 11. Hon'ble Supreme Court, in the case of Mangalore Chemicals & Fertilizers Ltd. v. Deputy Commissioner, [1992 Supp (1) Supreme Court Cases 21) in respect of…

SUVODEEP PYNE,GARIA vs. ITO, WARD 63(1), KOLKATA

In the result, the appeal of the assessee is allowed

ITA 2251/KOL/2025[2018-2019]Status: DisposedITAT Kolkata21 Jan 2026AY 2018-2019

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.2251&2252/Kol/2025 Assessment Years: 2018-19 & 2020-21 Suvodeep Pyne…………………..…..……….………….……….……….……Appellant Castle Apt 3B, 129, Garia Main Road, Kamdahari, Garia S.O, W.B-700084.. [Pan: Bbypp8655C] Vs. Ito, Ward-63(1), Kolkata……………………………..…….....……...…..…..Respondent Appearances By: Shri Siddharth Pratim Dutta, Adv. & Sanjana Jha, Adv., Appeared On Behalf Of The Appellant. Shri S B Chakraborthy, Cit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 04, 2025 Date Of Pronouncing The Order : January 21, 2026 Order Per Pradip Kumar Choubey: Both The Captioned Appeals Have Been Preferred By The Assessee For The Assessment Years 2018-19 & 2020-21 Against Separate Orders Both Dated 09.08.2025 Of The Addl/Jcit(A) Kochi [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. Since, The Issues Involved In Both The Appeals Are Common & Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. Ita No.2251/Kol/2025 Is Taken As Lead Case For Narration Of Facts. Ita No.2251/Kol/2025 – Brief Facts Of The Case Are That In This 2. Case, The Assessee Filed His Return Of Income For The Fy-2017-18, Relevant To The A.Y- 2018-19 On 29.08.2018 By Disclosing Gross Total Income Of Rs. 68,85,998/- & Claimed Deduction A Sum Of Ra.7,455/-. During The Year Under Consideration, The Assessee Disclosed Income From Salary Of

Section 111ASection 112Section 154Section 250Section 90

…and violation of procedural norm does not extinguish the substantive right of claiming the credit of FTC. In support of the claim, the assessee has relied upon several decisions including the following decision: i. . CIT vs. G.M. Knitting Industries (P) Ltd. 71 Taxmann.com 35(SC) ii) Brinda Ramakrishna vs. IPO 193 ITD 840 (Bang) iii) 42 Hertz Software India Pvt. Ltd vs Asst. CIT. Ita No. 29. Hang/2001 iv) Duraiswamy Kumaraswamy vs. PCIT, W.P No.5834 of 2022 11. Hon'ble Supreme Court, in the case of Mangalore Chemicals & Fertilizers Ltd. v. Deputy Commissioner, [1992 Supp (1) Supreme Court Cases 21) in respect of…

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CIT v. G.M. Knitting Industries (P.) Ltd. (376 ITR 456) — Cited in 221 Judgments | BharatTax