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

376 ITR 456Supreme Court of India2015#404 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 366,470 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

Also reported as

71 Taxmann.com 35

Sections most often in play

Section 143(1)Section 139(1)Section 143(3)Section 250Section 80JJAASection 10BSection 119(2)(b)Section 154

Issues it is cited on

section 80j(6a)section 10b(8)section 80ia(7)section 80jjaasection 10basection 80jjasection 80jsection 288section 115baasection 10bsection 80a(5)additional depreciation

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

Ls Metatech Private Limited, Raipur vs. ITO, Circle 1(1), Raipur

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

ITA 766/RPR/2025[2024-25]Status: HeardITAT Raipur22 Dec 2025AY 2024-25

Bench: Shri Partha Sarathi Chaudhuryआयकर अपील सं./Ita No.766/Rpr/2025 "नधा"रण वष" /Assessment Year : 2024-25 Ls Metatech Private Limited 109, 1St Floor, Meghdoot Complex, Behind Vandana Bhawan, M. G. Road, Raipur (C.G.)-492 001 Pan: Aadcl5735B

For Appellant: Shri Shubham B Mehta, CAFor Respondent: Dr. Priyanka Patel, Sr. DR
Section 139(1)Section 234BSection 288Section 44ASection 80Section 80I

…5. At the time of hearing, the Ld. Counsel for the assessee reiterated the facts and submissions that are already on record. That further, he had referred to the decision of the Hon’ble Apex Court in the case of CIT Vs. G.M Knitting Industries P. Ltd. (2015) 376 ITR 456 (SC), wherein the Hon’ble Apex Court had held that even though necessary certificate in Form 10CCB along with return of income had not been filed but same was filed before final order of assessment, in such case, the assessee was entitled to claim deduction u/s. 80-IB of the Act. 6. Per contra, the Ld. Sr. DR vehemently submitted that the case l…

Pristine Mega Logistics Park Pvt. Ltd., Delhi vs. DCIT Circle- 19(1), New Delhi

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

ITA 1450/DEL/2025[2022-23]Status: DisposedITAT Delhi17 Dec 2025AY 2022-23

Bench: Shri Anubhav Sharma& Shri Amitabh Shukla[Assessment Year: 2022-23] M/S Pristine Mega Logistics Dy. Commissioner Of Income Tax, Park Pvt. Ltd., Cpc Bangalore, 3Rd Floor, Commercial Plaza, Vs Circle-19(1), New Delhi Wing B, Radisson Hotel, Mahipalpur, New Delhi-110037 Pan:Aagcp8465R Appellant Respondent Assessee By Shri Ashok Jain, Ca Revenue By Shri Dayainder Singh Sidhu, Cit(Dr) Date Of Hearing 10.12.2025 Date Of Pronouncement 17.12.2025

Section 139(1)Section 143(1)(a)Section 143(3)Section 80Section 80I

…APPEAL NO. 52 (AHD.) OF 2024 for ASSESSMENT YEAR 2022-23 vide its order dated 20.05. 2024 has held as under:- “…….Further, we observe that these Hon'ble Supreme Court in the cases of CIT v. G. M. Knitting Industries (P.) Ltd. [2016] 71 taxmann.com 35/[2015] 376 ITR 456 held that, even though it is necessary to file certificate in Form 10CCB along with the return of income, but even if the same has not been filed with the return of income, but the same was Page 3 of 6 filed before the final order of assessment was made, the assessee was entitled to claim deduction under Section 80- IB of the Act. 9. Accordingly,…

Fivd India Consulting Pvt Ltd, Gurgaon vs. DCIT, Central Circle-1(1), Gurgaon

In the result, appeal of the assessee is allowed for statistical purpose in the terms aforesaid

ITA 3877/DEL/2025[2023-24]Status: DisposedITAT Delhi28 Nov 2025AY 2023-24

Bench: Shri Vikas Awasthy& Shri S Rifaur Rahmanआअसं.3877/िद"ी/2025 (िन.व. 2023-24) Fivd India Consulting P.Ltd., 1022-1027, 10Th Floor, Emaar Digital Green, Sector-21, Golf Course Ext Road, Near Golf Ext., Gurgaon, Haryana 122002 ...... अपीलाथ"/Appellant Pan: Aaecf-3663-P बनाम Vs. Deputy Commissioner Of Income Tax, ....."ितवादी/Respondent Circle 1(1), Gurgaon, Haryana 122002 Assessee By : Shri Y K Sud, Chartered Accountant Department By: Ms. Monika Singh, Cit(Dr) सुनवाई क" ितिथ/ Date Of Hearing : 18/11/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 28/11/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)/Additional/Joint Commissioner Of Income Tax(Appeals), Bhubaneswar (Hereinafter Referred To As 'The Cit(A)') Dated 04.04.2025, For Assessment Year 2023-24. 2. Shri Y K Sud, Appearing On Behalf Of The Assessee Submits That The Short Issue In Present Appeal Is Disallowance Of Assessee’S Claim Of Deduction U/S.80Iac Of The Income Tax Act,1961(Hereinafter Referred To As ‘The Act’). He Submitted That The Assessee Is Engaged In The Business Of Interior Design, Architectural Advisory Services

For Appellant: Shri Y K Sud, Chartered AccountantFor Respondent: Ms. Monika Singh, CIT(DR)
Section 115JSection 139Section 143(1)Section 44ASection 80I

…आयकर अपीलीय अिधकरण िद"ी पीठ “एफ”, िद"ी "ी िवकास अव"थी, "ाियक सद" एवं "ी एस "रफौर रहमान, लेखाकार सद"के सम" IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “F”, DELHI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER& SHRI S RIFAUR RAHMAN, ACCOUNTANT MEMBER आअसं.3877/िद"ी/2025 (िन.व. 2023-24) FIVD India Consulting P.Ltd., 1022-1027, 10th Floor, Emaar Digital Green, Sector-21, Golf Course Ext Road, Near Golf Ext., Gurgaon, Haryana 122002 ...... अपीलाथ"/Appellant PAN: AAECF-3663-P बनाम Vs. Deputy Commissioner of Income Tax, ....."ितवादी/Respondent Circle 1(1), Gurgaon, Haryana 122002 Assessee by : Shri Y K Sud, Chartered…

Nagahat Tea Estate Private Limited, Kolkata vs. Income Tax Officer Ward -1, Jorhat

ITA 20/GTY/2025[2022-23]Status: DisposedITAT Guwahati17 Nov 2025AY 2022-23

Bench: SHRI MANOMOHAN DAS, JUDICIAL MEMBER SHRI SANJAY AWASTHI (Accountant Member)

Section 119(1)Section 119(2)(b)Section 139(1)Section 139(9)Section 143(1)Section 143(1)(a)Section 250Section 36(1)Section 36(1)(va)Section 80

…ion to making any adjustments u/s 143(1)(a) of the Act. On this ground alone the assessee deserves to succeed. However, we find that even on the substantive issue of claim of deduction u/s 80IE of the Act, the case of the G.M. Knitting Industries, reported in 376 ITR 456 (SC) comes to the rescue of the assessee as the proposition that filing Form 10CCB within a stipulated date is not mandatory, but directory only. Accordingly, the G.M. Knitting case (supra) affirms this particular principle from the case of CIT Vs. AKS Alloys (P) Ltd. reported in 18 taxmann.com 25 (Mad). The relevant portion form this case law de…

Nagahat Tea Estate Private Limited, Kolkata vs. Income Tax Officer Ward -1, Jorhat

ITA 19/GTY/2025[2021-22]Status: DisposedITAT Guwahati17 Nov 2025AY 2021-22

Bench: SHRI MANOMOHAN DAS, JUDICIAL MEMBER SHRI SANJAY AWASTHI (Accountant Member)

Section 119(1)Section 119(2)(b)Section 139(1)Section 139(9)Section 143(1)Section 143(1)(a)Section 250Section 36(1)Section 36(1)(va)Section 80

…ion to making any adjustments u/s 143(1)(a) of the Act. On this ground alone the assessee deserves to succeed. However, we find that even on the substantive issue of claim of deduction u/s 80IE of the Act, the case of the G.M. Knitting Industries, reported in 376 ITR 456 (SC) comes to the rescue of the assessee as the proposition that filing Form 10CCB within a stipulated date is not mandatory, but directory only. Accordingly, the G.M. Knitting case (supra) affirms this particular principle from the case of CIT Vs. AKS Alloys (P) Ltd. reported in 18 taxmann.com 25 (Mad). The relevant portion form this case law de…

Nagahat Tea Estate Private Limited, Kolkata vs. Income Tax Officer Ward -1, Jorhat

ITA 18/GTY/2025[2020-21]Status: DisposedITAT Guwahati17 Nov 2025AY 2020-21

Bench: SHRI MANOMOHAN DAS, JUDICIAL MEMBER SHRI SANJAY AWASTHI (Accountant Member)

Section 119(1)Section 119(2)(b)Section 139(1)Section 139(9)Section 143(1)Section 143(1)(a)Section 250Section 36(1)Section 36(1)(va)Section 80

…ion to making any adjustments u/s 143(1)(a) of the Act. On this ground alone the assessee deserves to succeed. However, we find that even on the substantive issue of claim of deduction u/s 80IE of the Act, the case of the G.M. Knitting Industries, reported in 376 ITR 456 (SC) comes to the rescue of the assessee as the proposition that filing Form 10CCB within a stipulated date is not mandatory, but directory only. Accordingly, the G.M. Knitting case (supra) affirms this particular principle from the case of CIT Vs. AKS Alloys (P) Ltd. reported in 18 taxmann.com 25 (Mad). The relevant portion form this case law de…

Volark Leasing Ifsc Pvt. Ltd, Gujarat vs. ACIT/DCIT, Circle, Gandhinagar, Gujarat

In the result, the appeal of the assessee is allowed

ITA 357/AHD/2025[2023-24]Status: DisposedITAT Ahmedabad29 Oct 2025AY 2023-24

Bench: Shri Sanjay Garg & Smt. Annapurna Gupta

For Appellant: Shri Pancham Sethi, ARFor Respondent: Date of Hearing
Section 143Section 143(1)Section 234BSection 250Section 80Section 80JSection 80L

…udit Report filed by the assessee and allow the deduction claimed by the Assessee u/s 80IA of the Act. This view of ours is fortified by the judgment of Hon'ble Supreme Court in the case of CIT v. G. M. Knitting Industries Ltd. [2016] 71 taxmann.com 35/[2015] 376 ITR 456 (S.C.), wherein held that even though necessary certificate in Form No. 10CCB along with the return of income had not been filed but the same was made available to the A.O. before passing of final assessment order, the assessee is entitled to claim the deduction u/s 80IA of the Act, in view of the above ratio, we do not find any infirmity in gran…

Deepa Jhunjhunwala, Shillong vs. Income Tax Officer, Ward -1, Shillong

In the result, the appeal of the assessee stands allowed

ITA 127/GTY/2023[2017-18]Status: DisposedITAT Guwahati28 Oct 2025AY 2017-18

Bench: the Ld. CIT(A) and thereafter aggrieved the assessee has approached the ITAT with the following grounds:

Section 139(4)Section 139(9)Section 143(1)Section 250Section 80Section 80ASection 80I

…10CCB which was filed after due date for filing of Income Tax Return but before time limit for completion of assessment proceedings, and in doing so, ignored the law laid down by the Hon'ble Supreme Court in C.LT. Vs. G.M. Knitting Industries (P.) Ltd. (2015) 376 ITR 456 (SC). 3. Without prejudice to Ground No. 1 and 2 taken above, the Ld. Commissioner of Income Tax (Appeals) ought to have held that the amount of Rs. 27,52,137/-, being the amount of VAT Remission received during the year, was in the nature of Capital Receipt, and therefore, not chargeable to tax. 4. Without prejudice to the grounds taken here-in-…

Deepa Jhunjhunwala, Shillong vs. Income Tax Officer, Ward - 1, Shillong

In the result, the appeal of the assessee stands allowed

ITA 126/GTY/2023[2016-17]Status: DisposedITAT Guwahati28 Oct 2025AY 2016-17

Bench: the Ld. CIT(A) and thereafter aggrieved the assessee has approached the ITAT with the following grounds:

Section 139(4)Section 139(9)Section 143(1)Section 250Section 80Section 80ASection 80I

…10CCB which was filed after due date for filing of Income Tax Return but before time limit for completion of assessment proceedings, and in doing so, ignored the law laid down by the Hon'ble Supreme Court in C.LT. Vs. G.M. Knitting Industries (P.) Ltd. (2015) 376 ITR 456 (SC). 3. Without prejudice to Ground No. 1 and 2 taken above, the Ld. Commissioner of Income Tax (Appeals) ought to have held that the amount of Rs. 27,52,137/-, being the amount of VAT Remission received during the year, was in the nature of Capital Receipt, and therefore, not chargeable to tax. 4. Without prejudice to the grounds taken here-in-…

Pioneer E Solution Private Limited, New Delhi vs. DCIT, Circle-19(1), Delhi

In the result, the order of the CIT(A) is set aside and the appeal of the assessee is partly allowed

ITA 5362/DEL/2024[2020-21]Status: DisposedITAT Delhi28 Oct 2025AY 2020-21

Bench: Ms. Madhumita Roy & Shri Naveen Chandraassessment Year: 2020-21

Section 115BSection 143(1)Section 154

…tion, the procedural requirements should not override substantive benefits. The Courts have taken a lenient view on procedural lapses when substantive benefits are involved. SC ruling in the case of CIT v. G.M. Knitting Industries (P.) Ltd. reported in (2015) 376 ITR 456 emphasized that the making of a claim of deduction is mandatory, but timing is directory. Even if the claim is made during the assessment proceedings, such a claim is to be allowed. 8.3. After considering the submissions, the judicial precedents cited and the specific facts of the case, we are of the opinion the delay in filing Form 10- IC, thou…

Income-Tax Officer (Exemption)-2(3), Mumbai, Mtnl Building, Cumbala Hill vs. Seth Damji Laxmichand Jain Dharma Sthanak, Chinchpokali

In the result, the appeal of the revenue bearing ITA No

ITA 4573/MUM/2025[2017-18]Status: DisposedITAT Mumbai17 Oct 2025AY 2017-18

Bench: Shri Om Prakash Kant & Shri Anikesh Banerjee

For Appellant: Shri Ravi GanatraFor Respondent: Shri Virabhadra Mahajan (SR. DR)
Section 11Section 11(2)Section 11(3)Section 11(3)(d)Section 139(1)Section 143(3)Section 250

…ory (2007) 294 ITR 631 (Punj.&Har.) • CIT -Vs- Berger Paints (India) Ltd., (2002) 254 ITR 503 (Cal.) 11. The decision in “CIT -Vs- AKS Alloys Pvt Ltd (18 com 25 Mad)” was affirmed by the Honourable Supreme Court in “CIT -Vs- G.M.Knitting Industries Pvt Ltd., 376 ITR 456”. Though the case arose out of non-filing of audit report in Form 10CCB to claim deduction under Section 80-IB of the Act, the ratio laid down in the decision squarely applies to the case on hand. Further, we note that the Central Board of Direct Taxes in Circular No.7/2018 [F.No.197/55/2018-ITA-I] dated 20.12.2018, had directed the Commissioner…

Gowripatnam Primary Agricultural Cooperative Credit Society Limited, Gowripatnam vs. ITO, Ward-1, Tadepalligudem

In the result, appeal of the assessee is dismissed

ITA 433/VIZ/2025[2016-17]Status: DisposedITAT Visakhapatnam13 Oct 2025AY 2016-17

Bench: Shri Ravish Sood, Hon'Ble**

Section 139(1)Section 147rSection 148

…he filing of return in response to valid reassessment proceedings, results in denial of substantive justice for mere procedural non-compliance.* - *3. Judicial precedents supporting the Appellant:* - *A. CIT v. G.M. Knitting Industries (P) Ltd. [(2015) 376 ITR 456 (SC)]: The Supreme Court held that a return filed under Section 139(4) is valid, and deduction cannot be denied merely for not filing under Section 139(1), if other conditions are fulfilled. In the present case, the return was filed under Section 148 and duly accepted. K.K. S.K. Co-operative Society Ltd. v. ITO [(2021) 130 taxmann.com 255 (Madras…

ACIT, Circle-3, Thane, Ashar It Park Thane vs. Magic Kraft Private Limited, Vasai East

ITA 4338/MUM/2025[2023-24]Status: DisposedITAT Mumbai13 Oct 2025AY 2023-24

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

Section 115BSection 143(1)Section 1ISection 250

…1 IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, MUMBAI BEFORE SHRI SANDEEP GOSAIN, JUDICIAL MEMBER & SHRI PRABHASH SHANKAR, ACCOUNTANT MEMBER I.T.A. No. 4327 & 4338/Mum/2025 Assessment Year: 2023-24 ACIT, Circle -3 Vs Magik Kraft Pvt Ltd Ashar IT Park, Sr. No. 161, H.No. A/2, Thane. Pelhar, Vasai East, Vasai-Virar PAN – AAICM6942N (Appellant) (Respondent) CO. No.242 & 257/Mum/2025 (Arising out of ITA No. 4327 & 4338/Mum/2025) Assessment Year: 2023-24 Magik Kraft Pvt Ltd Vs ACIT, Circle -3 Sr. No. 161, H.No. Ashar IT Park, A/2, Pelhar, Vasai Thane. East, Vasai-Virar PAN – AAICM6942N (Appellant) (Respondent)…

ACIT, Circle-3, Thane, Ashar, It Park vs. Magic Kraft Private Limited, Vasai East

ITA 4327/MUM/2025[2023-24]Status: DisposedITAT Mumbai13 Oct 2025AY 2023-24

Bench: Shri Sandeep Gosain & Shri Prabhash Shankar

Section 115BSection 143(1)Section 1ISection 250

…1 IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, MUMBAI BEFORE SHRI SANDEEP GOSAIN, JUDICIAL MEMBER & SHRI PRABHASH SHANKAR, ACCOUNTANT MEMBER I.T.A. No. 4327 & 4338/Mum/2025 Assessment Year: 2023-24 ACIT, Circle -3 Vs Magik Kraft Pvt Ltd Ashar IT Park, Sr. No. 161, H.No. A/2, Thane. Pelhar, Vasai East, Vasai-Virar PAN – AAICM6942N (Appellant) (Respondent) CO. No.242 & 257/Mum/2025 (Arising out of ITA No. 4327 & 4338/Mum/2025) Assessment Year: 2023-24 Magik Kraft Pvt Ltd Vs ACIT, Circle -3 Sr. No. 161, H.No. Ashar IT Park, A/2, Pelhar, Vasai Thane. East, Vasai-Virar PAN – AAICM6942N (Appellant) (Respondent)…

Sahyadri Farmers Producer Company Limited, Nashik vs. ACIT Circle - 1, Nashik

In the result, the appeal of the assessee stands allowed

ITA 951/PUN/2025[2017-18]Status: DisposedITAT Pune08 Oct 2025AY 2017-18

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.951/Pun/2025 िनधा"रण वष" / Assessment Year : 2017-18 Sahyadri Farmers Producer Vs. Acit, Circle-1, Nashik. Company Limited, Survey No.1102/8, Behind Police Head Quarter, Adgaon, Nashik- 422003. Pan : Aapcs1516D Appellant Respondent Assessee By : Shri Kishor B. Phadke Revenue By : Shri Amit Bobde Date Of Hearing : 30.07.2025 Date Of Pronouncement : 08.10.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 03.03.2025 Passed By Ld. Addl./Jcit(A)-6, Delhi [‘Ld. Cit(A)’] For The Assessment Year 2017-18. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “ (All The Grounds Are Without Prejudice To Each Other) 1. The Learned Addl/Jcit (A)-6 Delhi Erred In Law & Fact In Upholding Disallowance U/S Boib(114) Amounting To Rs.8,73,57,770 Made By Learned Dcit, Cpc (Hereinafter

For Appellant: Shri Kishor B. PhadkeFor Respondent: Shri Amit Bobde
Section 143(1)Section 801BSection 80I

…he notice u/s. 143(1)(a) of the Act was issued by the CPC to the assessee on 23.11.2023. 3. The issue is squarely covered by the decision of Hon'ble Supreme Court in the case of CIT V. G. M Knitting bahotries (P) Ltd. (2016/12 SCC 272/[2016] 71 taxmann.com 35/376 ITR 456 (SC), wherein the Hon'ble Supreme Court has held that, even though it is necessary to file certificate in Form 10CCB along with the return of income, but even 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 u/s. 80-IB of th…

Mulakala Mohan Krishna, Hyderabad vs. DCIT., Circle-3(1), Hyderabad

In the result, the appeal of the assessee is allowed

ITA 432/HYD/2025[2021-22]Status: DisposedITAT Hyderabad08 Oct 2025AY 2021-22

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdia

For Appellant: Shri V. Siva Kumar, AdvocateFor Respondent: Dr.Sachin Kumar, SR-AR
Section 143(1)Section 80I

…argument, the assessee relied on the following judicial pronouncements : a) Hon'ble High Court of Punjab & Haryana in the case of Mahalakshmi Rice Factory reported in 294 ITR 631 b) Hon'ble Supreme Court in the case of G.M Knitting Industries Pvt. Ltd (2016) 71 Taxmann.com 35 (SC) c) Hon'ble Karnataka High Court in the case of Sutures India (P) Ltd (2021) 125 Taxmann.com 226 d) ITAT Kolkata Benches in the case of DCIT vs. Tide Water Oil Company (I) Ltd in ITA No.2051/KOL/2010 dated 20.01.2012. e) Hon'ble Karnataka High Court in the case of CIT vs. ACE Multitaxes Systems (P) Ltd (2009) 317 ITR 207 (Kar.) ITA No.…

Crest Commercial Private Limited, New Delhi vs. Assessing Officer, New Delhi

In the result, the appeal of the assessee is allowed

ITA 1326/DEL/2025[2020-21]Status: DisposedITAT Delhi08 Oct 2025AY 2020-21
Section 143(1)Section 250Section 80J

…. That alone cannot be made basis for disallowing the claim of the assessee when the Revenue has not disputed the amount of deduction claimed in any manner. The Hon’ble Supreme Court in the case of CIT v. G. M. Knitting Industries (P.) Ltd. reported in [2016] 376 ITR 456 (SC), has held that, even though it is necessary to file certificate in Form 10CCB along with the return of income, but even 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 u/s. 80-IB of the Act. In the present case assesse…

Bidyut Prakas Bhattacharya, Kolkata vs. I.T.O., Ward - 52(1), Kolkata

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

ITA 2016/KOL/2024[2018-2019]Status: DisposedITAT Kolkata07 Oct 2025AY 2018-2019

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 139(1)Section 143(1)Section 154Section 234ASection 234BSection 234CSection 250Section 90

…h the Accountant Member was a member) on similar issue of FTC allowed the appeal. The following cases have been referred in the said order as well as in the order of Rahul Anand (supra) relied upon by the assessee: i. CIT vs. G.M. Knitting Industries (P) Ltd. 71 Taxmann.com 35(SC) ii. Brinda Ramakrishna us. ITO 193 ITD 840 (Bang) iii. 42 Hertz Software India Pvt. Ltd vs Asst. CIT. ITA No. 29/ Bang/2001 iv. Duraiswamy Kumaraswamy vs. PCIT, W.P. No.5834 of 2022 7. Before proceeding further, we would like to reproduce rule 128 of the Income-tax Rules, 1962 (the Rules) which relates to foreign tax credit and is as un…

Bajrang Wire Products (India) Private Limited vs. DCIT Circle -4-Jaipur, Rjn-C-(104)(1), Jaipur

In the result, the appeal of the assessee is allowed

ITA 901/JPR/2025[2018-19]Status: DisposedITAT Jaipur29 Sept 2025AY 2018-19

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI GAGAN GOYAL (Accountant Member)

For Appellant: Shri Athrav Mundra, Adv. &For Respondent: Shri Dharma Singh Meena, JCIT
Section 139(1)Section 143(2)Section 2Section 250Section 3Section 80ASection 80J

…e decided in favor of the appellant. 7. They are accordingly decided. The appeal is allowed. " 2.10 Your honour, it is further stated that these Hon'ble Supreme Court in the cases of CIT v. G. M. Knitting Industries (P.) Ltd. [2016] 71 taxmann.com 35/[2015] 376 ITR 456 (kindly see paper book page no. 18-19) held that, even though it is necessary to file a certificate in Form 10CCB along with the 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 of the A…

Neenopal Intelligent Solutions Private Limited, Bangalore vs. Income Tax Officer, Ward-5(1)(1), Bangalore

In the result, the appeal of the assessee stands allowed

ITA 1104/BANG/2025[2021-22]Status: DisposedITAT Bangalore26 Sept 2025AY 2021-22

Bench: Shri. Laxmi Prasad Sahu & Shri. Keshav Dubeyassessment Year : 2021-22 M/S. Neenopal Intelligent Solutions Pvt. Ltd., Vs. Ito, L-148 Bhive Workspace 5Th Main, Sector 6, Ward – 5(1)(1), Hsr Layout S.O. Hsr Layout S.O, Bangalore. Bangalore South – 560 102, Karnataka. Pan : Aafcn 2569 P Appellant Respondent Assessee By : Shri. Kaushik M, Ca Revenue By : Shri. Subramanian S, Jcit(Dr)(Itat), Bangalore. Date Of Hearing : 17.09.2025 Date Of Pronouncement : 26.09.2025

For Appellant: Shri. Kaushik M, CAFor Respondent: Shri. Subramanian S, JCIT(DR)(ITAT), Bangalore
Section 143(3)Section 80ISection 80J

…IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH : BANGALORE BEFORE SHRI. LAXMI PRASAD SAHU, ACCOUNTANT MEMBER AND SHRI. KESHAV DUBEY, JUDICIAL MEMBER Assessment Year : 2021-22 M/s. Neenopal Intelligent Solutions Pvt. Ltd., Vs. ITO, L-148 Bhive Workspace 5th Main, Sector 6, Ward – 5(1)(1), HSR Layout S.O. HSR Layout S.O, Bangalore. Bangalore South – 560 102, Karnataka. PAN : AAFCN 2569 P APPELLANT RESPONDENT Assessee by : Shri. Kaushik M, CA Revenue by : Shri. Subramanian S, JCIT(DR)(ITAT), Bangalore. Date of hearing : 17.09.2025 Date of Pronouncement : 26.09.2025 O R D E R Per Laxmi Prasad Sahu, Accountant Membe…