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.

Akry Organics Private Limited, Mumbai vs. Income Tax Officer Central Circle 1(1)(1), Mumbai

In the result, we allow the claim of the assessee for deduction under section 80-IA(4) to the extent of ₹17,40,75,413/-, as made in the revised return of income

ITA 3014/MUM/2025[2021-22]Status: DisposedITAT Mumbai04 Sept 2025AY 2021-22

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

Section 115JSection 139(5)Section 143(1)Section 80

…To fortify his conclusion, he placed reliance upon the judgment of the Hon’ble Supreme Court in Wipro Limited v. DCIT [(2022) 140 taxmann.com 223 (SC)], wherein their Lordships had distinguished the earlier ruling in G.M. Knitting Industries (P.) Ltd. [(2015) 376 ITR 456 (SC)], and had expounded the principle in the following words: “The assessee can file a revised return in a case where there is an omission or a wrong statement. But a revised return of income, under section 139(5) cannot be filed, to withdraw the claim and subsequently claiming the carried forward or set-off of any loss. Filing a revised return…

Keystone Foundation, Nilgiris vs. ACIT, Exemptions Ward, Coimbatore

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

ITA 1680/CHNY/2025[2023-24]Status: DisposedITAT Chennai29 Aug 2025AY 2023-24

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.1680/Chny/2025 िनधा"रण वष"/Assessment Year: 2023-24 Keystone Foundation, Vs. The Assistant Commissioner Of P.B. No. 35, Groves Hill Road, Income Tax, Kotagiri, Nilgiris 643 217. Exemptions Ward, Coimbatore. [Pan:Aaatk0218N] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri N. Arjun Raj, Advocate ""थ" की ओर से/Respondent By : Shri N. Rajakumar, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 26.08.2025 घोषणा की तारीख /Date Of Pronouncement : 29.08.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 29.05.2025 Passed By The Addl/Jcit(A)-9, Delhi For The Assessment Year 2023-24. 2. The Ld. Ar Shri N. Arjun Raj, Advocate Submits That The Assessee Raised 9 Grounds Of Appeal Amongst Which, The Only Issue Emanates In Challenging The Action Of The Ld. Cit(A) In Confirming The Disallowance Made On Account Of Non-Filing Of Audit Report In Form 10B In The Facts & Circumstances Of The Case.

For Appellant: Shri N. Arjun Raj, AdvocateFor Respondent: Shri N. Rajakumar, Addl. CIT
Section 11Section 139(1)Section 139(5)Section 143(1)Section 143(1)(A)Section 164(2)

…ble in the file of the CPC while processing the same. 21. We draw the above conclusion by placing reliance upon the decision of the Hon'ble Supreme Court in the case of Commissioner of Income-tax, Maharashtra v. G. M. Knitting Industries (P.) Ltd, reported in 376 ITR 456, wherein the Hon'ble Supreme Court had held as follows: "21 (a). It would be suffice to reproduce para 2 of the impugned order whereby action of Income Tax Appellate Tribunal was held to be justified in allowing additional depreciation as claimed by the respondent-assessee herein: - "Additional depreciation is denied to the assessee on the ground…

Kn Support Services Private Limited, Gurgaon vs. Deputy Commissioner of Income Tax, Gurgaon

In the result, appeal of the assessee is allowed

ITA 5774/DEL/2024[2022-23]Status: DisposedITAT Delhi29 Aug 2025AY 2022-23

Bench: Shri Sudhir Kumar & Shri Manish Agarwalkn Support Services Pvt.Ltd., Dcit, 30Th Floor, M3M International Circle 1(1), Financial Centre, Tower-1, Vs. Gurgaon, Golf Course Extensions Road, Haryana Sector 66, Badshapur, Haryana -122101. Pan-Aajck0720B (Appellant) (Respondent)

Section 115Section 115BSection 115JSection 139Section 139(1)Section 143(1)

…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 specific facts of the case, we are of the opinion the delay in filing Form 10-IC, though a p…

Kworks Technologies Private Limited, Gurgaon vs. Deputy Commissioner of Income Tax, Gurgaon

In the result, appeal of assessee is allowed

ITA 5773/DEL/2024[2022-23]Status: DisposedITAT Delhi29 Aug 2025AY 2022-23

Bench: Shri Sudhir Kumar & Shri Manish Agarwalkworks Technologies Private Dcit, Limited, 30Th Floor, M3M Circle 1(1), International Financial Centre, Vs. Gurgaon, Tower-1, Golf Course Extensions Haryana Road, Sector 66, Badshapur, Haryana -122101. Pan-Aajck0865H (Appellant) (Respondent)

Section 115BSection 115JSection 139Section 139(1)Section 143(1)

…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 specific facts of the case, we are of the opinion the delay in filing Form 10-IC, though a p…

Electronica Finance Limited, Pune vs. Income Tax Officer, Pmt Building, Pune

In the result, the appeal of the assessee stands allowed

ITA 1112/PUN/2025[2023-24]Status: DisposedITAT Pune26 Aug 2025AY 2023-24

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1111 & 1112/Pun/2025 िनधा"रण वष" / Assessment Years : 2022-23 & 2023-24 Electronica Finance Limited, Vs. Dcit, Cpc, Bengaluru. Audumber, 101/1, Dr. Ketkar Road, Pune City, Deccan, Gymkhana, S.O., Pune- 411004. Pan : Aaace4577B Appellant Respondent Assessee By : Shri Narendra Joshi (Virtual) Revenue By Shri Ramnath P. Murkunde : Date Of Hearing : 21.08.2025 Date Of Pronouncement : 26.08.2025 आदेश / Order Per Vinay Bhamore, Jm: Both The Above Captioned Appeals Filed By The Assessee Are Directed Against The Separate Orders Dated 28.02.2025 Passed By Ld. Addl./Jcit(A)-1, Surat [‘Ld. Cit(A)’] For The Assessment Years 2022-23 & 2023-24 Respectively. 2. Since Identical Facts & Common Issues Are Involved In Both The Above Captioned Appeals Of The Assessee, Therefore, We Proceed To Dispose Of The Same By This Common Order. 3. First, We Shall Take Up The Appeal Of The Assessee In Ita No.1111/Pun/2025 For Assessment Year 2022-23 As The Lead Case For Adjudication.

For Appellant: Shri Narendra Joshi (Virtual)
Section 139(1)Section 143(1)Section 80J

…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 Industries (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…

Electronica Finance Limited, Pune vs. Income Tax Officer, Pmt Building, Pune

In the result, the appeal of the assessee stands allowed

ITA 1111/PUN/2025[2022-23]Status: DisposedITAT Pune26 Aug 2025AY 2022-23

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1111 & 1112/Pun/2025 िनधा"रण वष" / Assessment Years : 2022-23 & 2023-24 Electronica Finance Limited, Vs. Dcit, Cpc, Bengaluru. Audumber, 101/1, Dr. Ketkar Road, Pune City, Deccan, Gymkhana, S.O., Pune- 411004. Pan : Aaace4577B Appellant Respondent Assessee By : Shri Narendra Joshi (Virtual) Revenue By Shri Ramnath P. Murkunde : Date Of Hearing : 21.08.2025 Date Of Pronouncement : 26.08.2025 आदेश / Order Per Vinay Bhamore, Jm: Both The Above Captioned Appeals Filed By The Assessee Are Directed Against The Separate Orders Dated 28.02.2025 Passed By Ld. Addl./Jcit(A)-1, Surat [‘Ld. Cit(A)’] For The Assessment Years 2022-23 & 2023-24 Respectively. 2. Since Identical Facts & Common Issues Are Involved In Both The Above Captioned Appeals Of The Assessee, Therefore, We Proceed To Dispose Of The Same By This Common Order. 3. First, We Shall Take Up The Appeal Of The Assessee In Ita No.1111/Pun/2025 For Assessment Year 2022-23 As The Lead Case For Adjudication.

For Appellant: Shri Narendra Joshi (Virtual)
Section 139(1)Section 143(1)Section 80J

…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 Industries (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…

Kanchenjunga Distilleries & Liquors, South Sikkim vs. DCIT, Circle 3(2), Gangtok

In the result, the appeal of the assessee is allowed

ITA 930/KOL/2025[2021-2022]Status: DisposedITAT Kolkata26 Aug 2025AY 2021-2022

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm Kanchenjunga Distilleries & Liquors C/O Subash Agarwal & Dcit, Circle 3(2), Gangtok Associates, Advocates Siddha Sikkim, West Bengal Vs. Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata-700069, West Bengal (Appellant) (Respondent) Pan No. Aamfk3402C Assessee By : Shri Siddharth Agarwal, Ar Revenue By : Shri Somnath Das Biswas, Dr Date Of Hearing: 08.07.2025 Date Of Pronouncement: 26.08.2025

For Appellant: Shri Siddharth Agarwal, ARFor Respondent: Shri Somnath Das Biswas, DR
Section 143(1)Section 80Section 80I

…rocessing of return of income and passing of order under Section 143(1) of the Act.The case of the assessee finds support from the decision of Hon'ble Apex Court in case of Commissioner of Income-tax, Maharashtra vs. G. M. Knitting Industries (P.) Ltd. [2015] 376 ITR 456 (SC), wherein the Hon. Apex Court has held that Form 10CCB filed during assessment proceedings is m sufficient compliance to deduction under u/s 80IB of the Act. This was held in the context of deduction claimed by the assessee in respect of profit and gains from industrial undertaking under Section 80-IB of the Act and the Form 10 CCB was not fi…

Sahayog Charitable Society Regd., Delhi vs. ITO Ward-2(1), Delhi

In the result, the appeal of the assessee in ITA No

ITA 1854/DEL/2025[2021-22]Status: DisposedITAT Delhi26 Aug 2025AY 2021-22

Bench: Ms. Madhumita Roy & Shri Naveen Chandra

For Appellant: Shri Umeed Kuntal, CAFor Respondent: Shri Manish Gupta, Sr. DR
Section 11Section 12ASection 143(1)

…IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI ‘G’ BENCH, NEW DELHI BEFORE MS. MADHUMITA ROY, JUDICIAL MEMBER, AND SHRI NAVEEN CHANDRA, ACCOUNTANT MEMBER ITA No. 1854/DEL/2025 [A.Y. 2021-22] M/s Sahayog Charitable Society Vs. The I.T.O(E) 855/E, Lohiya Gali No. 4 Ward - 2(1) Babarpur, Sahadara New Delhi PAN – AADTS 7183 D (Applicant) (Respondent) Assessee By : Shri Umeed Kuntal, CA Department By : Shri Manish Gupta, Sr. DR Date of Hearing : 14.08.2025 Date of Pronouncement : 26.08.2025 ORDER PER NAVEEN CHANDRA, A.M:- This appeal by the assessee is preferred against the order of ld. CIT(A)-4, Mumbai date…

Makhanlal Gattani, Jorhat vs. ITO, Ward-1, Jorhat

Appeal of the assessee is allowed

ITA 109/GTY/2025[2019-20]Status: DisposedITAT Guwahati21 Aug 2025AY 2019-20

Bench: the date of processing u/s.143(1) by the CPC. The claim of deduction has been denied only on technical grounds and not on the merits of the claim.

Section 115JSection 143(1)Section 234CSection 250Section 80Section 80I

…been denied only on technical grounds and not on the merits of the claim. 4.5 The case laws relied upon by the Appellant, the paramount of which being the decision of the Hon’ble Supreme Court in the case of CIT vs. GM Knitting Industries Pvt Ltd reported in 376 ITR 456 (SC) were all rendered when the electronic filing of ITR and audit reports were not in vague and hence do not find application in the current scenario and context. 4.6 Therefore, in order to claim exemption u/s.80-IE, the conditions specified have to be necessarily complied. It remains an undisputed fact that the audit report in form no.10CCB was…

Bsc C&C Jv, New Delhi vs. ACIT Circle-62(1), New Delhi

In the result, the appeal of the assessee is dismissed

ITA 4546/DEL/2019[2013-14]Status: DisposedITAT Delhi20 Aug 2025AY 2013-14

Bench: Shri C. N. Prasad & Shri M. Balaganeshm/S. Bsc C&C Joint Venture, Vs. Acit, 74, Hemkunt Colony, Circle-62(1), New Delhi-110048 New Delhi (Appellant) (Respondent) Pan: Aadfb8115G Assessee By : Shri Rohit Jain, Adv Shri Deepesh Jain, Adv Revenue By: Shri Jitender Singh, Cit Dr Date Of Hearing 05/06/2025 Date Of Pronouncement 20/08/2025

For Appellant: Shri Rohit Jain, AdvFor Respondent: Shri Jitender Singh, CIT DR
Section 143(3)Section 80Section 80I

…ct. In our considered opinion, the same speaks about filing of audit report in Form 10CCB within the specified date. This provision was held to be directory in nature by the Hon‟ble Supreme Court in the case of CIT vs G M Knitting Industries P Ltd reported in 376 ITR 456 (SC). But this is a procedural requirement for claiming deduction u/s 80IA of the Act and hence held to be directory in nature. The crucial requirement of the section 80A(5) is to M/s. BSC C&C Joint Venture make a claim, which is a substantive provision. Hence the same is to be construed as mandatory provision in order to entertain a claim of de…

Brahmos Realty Private Limited, Mumbai vs. Income Tax Officer Ward 9(2)(1), Mumbai

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

ITA 4119/MUM/2025[2024-25]Status: DisposedITAT Mumbai19 Aug 2025AY 2024-25

Bench: Shri Amit Shukla & Shri Arun Khodpiaआयकर अपील सं. / Ita No.4119/Mum/2025 निर्धारण वर्ष / Assessment Year :2024-25 Brahmos Realty Private Limited A-10002, Aristo Sappyhire, 2Nd Floor, Hasnabad Lane, Santakruz (W), Mumbai-400 054 (M.H) Pan: Aadcr5685C ...........अपीलार्थी / Appellant बनाम / V/S. The Income Tax Officer, Ward-9(2)(1),Mumbai (M.H.) .......प्रत्यर्थी / Respondent Assessee By Revenue By : Shri B.N Rao : Shri Aditya Rai, Sr. Dr सुनवाई की तारीख / Date Of Hearing :13.08.2025 घोषणा की तारीख / Date Of Pronouncement : 19.08.2025 2 Brahmos Realty Private Limited Vs. Ito, Ward-9(2)(1)

For Respondent: Shri B.N Rao
Section 115BSection 115JSection 143(1)Section 250

…ther the assessee is entitled to the claim of certain deduction/exemption without claiming the same in the return of income." The Ld. Counsel also refers to a judgment of the Hon'ble Supreme Court in the case of CIT VS. G.M Knitting Industries Pvt. Ltd (2015) 376 ITR 456 (SC), wherein the claim of additional depreciation made by the assessee was upheld even though the claim in Form 3AA was not made while filing the return of income, which was furnished subsequently during the course of assessment proceedings. The Hon'ble Apex Court has held that "We concur with the aforesaid view of the High Court and hold that e…

Jubilant Foodworks Limited, Noida vs. Assistant Commissioner of Income Tax, Noida

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

ITA 184/DEL/2025[2022-23]Status: DisposedITAT Delhi06 Aug 2025AY 2022-23

Bench: Sh. M. Balaganesh & Sh. Sudhir Kumarassessment Year: 2022-23 Jubilant Food Works Vs. Assistant Commissioner Of Limited Plot No. 1A Sector Income Tax, Circle – 5 (1) 16 A Gautam Buddha Nagar (1), Noida Uttar Pradesh 201301 Pan No. Aabcd 1821 C (Appellant) (Respondent) Appellant By Sh. K M Gupta, Advocate Ms. Shruti Khimata, Ca Respondent By Sh. Jitender Singh, Cit Dr

Section 139(1)Section 139(5)Section 143(1)Section 80Section 80ASection 80J

…ction of the CIT(A) is set aside and the Assessing Officer is directed to grant relief by way of deduction as claimed. Ground No. 1 is accordingly allowed. 5. In the case of Commissioner of Income-Tax, Maharashtra v. G.M. Knitting Industries (P) Ltd. {2016} 71 Taxmann.com 35 (SC) the Hon’ble Supreme Court 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 under section 80-IB. 6…

Victoria Educational Trust, Chennai vs. ITO, Exemption Ward-3, Chennai

The appeal of the assessee is allowed

ITA 946/CHNY/2025[2022-23]Status: DisposedITAT Chennai05 Aug 2025AY 2022-23

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.:946/Chny/2025 धनिाजरण वर्ज / Assessment Year: 2022-23 Victoria Educational Trust, Ito, 62, 6Th Street, Vs. Exemptions Ward 3, S.R.P.Colony, Chennai. Peravallur, Chennai – 600 082. [Pan:Aabtv-0115-A] (अपीलाथी/Appellant) (प्रत्यथी/Respondent) अपीलाथी की ओर से/Appellant By : Shri. N. Arjun Raj, Advocate प्रत्यथी की ओर से/Respondent By : Shri. Kumar Chandan, J.C.I.T.

For Appellant: Shri. N. Arjun Raj, AdvocateFor Respondent: Shri. Kumar Chandan, J.C.I.T
Section 11Section 12(1)(ac)Section 12ASection 143(1)

…e in the file of the CPC while processing the same. 21. We draw the above conclusion by placing reliance upon the decision of the Hon'ble Supreme Court in the case of Commissioner of Income-tax, Maharashtra v. G. M. Knitting Industries (P.) Ltd, reported in 376 ITR 456, wherein the Hon'ble Supreme Court had held as follows: "21 (a). It would be suffice to reproduce para 2 of the impugned order whereby action of Income Tax Appellate Tribunal was held to be justified in allowing additional depreciation as claimed by the respondent-assessee herein: - "Additional depreciation is denied to the assessee on the groun…

Tara Meera Education Trust, Mumbai vs. Income Tax Officer (Exemption)-2(4), Mumbai

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

ITA 2668/MUM/2025[2019-20]Status: DisposedITAT Mumbai24 Jul 2025AY 2019-20

Bench: Shri Sandeep Gosain & Shri Om Praksh Kanttara Meera Education Trust Vs Income Tax Officer (Exemption)- 2(4), 6Th Floor, Mtnl Building, 41-B, Azad Nagar Road No.2 Off Veera Desai Road, Andheri Cumbala Hills, Pedder Road, West, Mumbai-400 053 Mumbai-400 026 Pan : Aaatt9673J Appellant Respondent

For Appellant: Shri Aamod Prabhudesai a/wFor Respondent: Shri Hemanshu Joshi, SR DR
Section 11Section 12

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “E”, MUMBAI BEFORE SHRI SANDEEP GOSAIN, JUDICIAL MEMBER AND SHRI OM PRAKSH KANT, ACCOUNTANT MEMBER Tara Meera Education Trust vs Income Tax Officer (Exemption)- 2(4), 6th Floor, MTNL Building, 41-B, Azad Nagar Road No.2 Off Veera Desai Road, Andheri Cumbala Hills, Pedder Road, West, Mumbai-400 053 Mumbai-400 026 PAN : AAATT9673J APPELLANT RESPONDENT Assessee by : Shri Aamod Prabhudesai a/w Shri Naman Jain Respondent by : Shri Hemanshu Joshi, SR DR Date of hearing : 24/06/2025 Date of pronouncement : 24/07/2025 O R D E R This appeal filed by the assessee is ar…

Ny Green Energy Private Limited Formely Know As Sunkon Energy Pvt Ltd, Surat vs. DCIT Circle 2(1)(1), Surat

In the result, appeal of the assessee is allowed

ITA 205/SRT/2025[2021-22]Status: HeardITAT Surat18 Jul 2025AY 2021-22

Bench: MS SUCHITRA RAGHUNATH KAMBLE (Judicial Member), SHRI BIJAYANANDA PRUSETH (Accountant Member)

Section 115JSection 139(1)Section 143Section 143(1)Section 250Section 44ASection 80Section 80I

…IN THE INCOME-TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE MS SUCHITRA RAGHUNATH KAMBLE, JUDICIAL MEMBER & SHRI BIJAYANANDA PRUSETH, ACCOUNTANT MEMBER आयकर अपील सं./ITA No.205/SRT/2025 Assessment Year: (2021-22) (Hybrid Hearing) NY Green Energy Pvt. Ltd. Deputy Commissioner of Income-tax, बनाम/ (Formerly known as Sunkon Circle-2(1)(1), Surat, Aayakar Vs. Energy Pvt. Ltd.) 406, J.K. Bhavan, Surat Tower, Sagrampura, Putli, Surat-395 002 स्थायीलेखासं./जीआइआरसं./PAN/GIR No: AANCS 3841 H (Appellant) (Respondent) िनधा"रती की ओर से /Appellant by Shri Kaushik Kejriwal, AR राज" की ओर से /Respondent by Shri Ravinder S…

Yuva Chintana Foundation, Bengaluru vs. Income Tax Officer, Exemptions Ward 2, Bengaluru

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

ITA 301/BANG/2025[2021-22]Status: DisposedITAT Bangalore09 Jul 2025AY 2021-22

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubeyassessment Year : 2021-22

For Appellant: Shri Anoop Agarwal, CAFor Respondent: Shri Subramanian .S, JCIT-DR
Section 250Section 253(5)

…obstruction but an aid to justice. A Procedural prescription is the handmaid and not the mistress, a lubricant, not a resistant in the administration of justice.” 16. The Apex Court in the case of CIT v. G.M. Knitting Industries (P.) Ltd. Reported in (2015) 376 ITR 456 also observed as under- “In so far as it relates to the substantial question of law (1) is concerned, namely, whether the filing of audit report in Form 10CCB is mandatory, it is well settled by a number of judicial precedents that before the assessment is completed, the declaration could be filed. In fact, the said issue came to be decided by t…

Morni Sarees Private Limited, Indore vs. Asst. Director of Income Tax, CPC, Bengaluru

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

ITA 910/IND/2024[2021-22]Status: DisposedITAT Indore07 Jul 2025AY 2021-22

Bench: Shri B.M. Biyani & Shri Paresh M Joshi

Section 143(1)Section 154Section 246ASection 250Section 253Section 36Section 43B

…cedural 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. [2016] 71 taxmann.com 35/[2015] 376 ITR 456 (SC) 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, t…

Mangal Tirth Estate Ltd., Chennai vs. ITO, Corporate Ward-4(1), Chennai

In the result the appeal of the assessee is allowed

ITA 30/CHNY/2025[2020-21]Status: DisposedITAT Chennai07 Jul 2025AY 2020-21

Bench: Shri Manu Kumar Giri & Shri S. R. Raghunathaआयकर अपील सं./Ita No.:30/Chny/2025 िनधा"रण वष" / Assessment Year: 2020-21 Mangal Tirth Estate Ltd., Income Tax Officer, 769, Spencer Plaza, Anna Salai, Vs. Corporate Ward- 4(1), Mount Road, Chennai. Chennai – 600 002. [Pan:Aaacm-4614-R] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से/Appellant By : Shri. N. V. Balaji, Advocate ""थ" की ओर से/Respondent By : Ms. Anitha, Addl. C.I.T. सुनवाई की तारीख/Date Of Hearing : 14.05.2025 घोषणा की तारीख/Date Of Pronouncement : 07.07.2025 आदेश /O R D E R Per S. R. Raghunatha, Am: This Appeal By The Assessee Is Filed Against The Order Of The Commissioner Of Income Tax, Appeal, Addl/ Jcit (A)-4, Hyderabad, For The Assessment Year 2020-21, Vide Order Dated 07.11.2024. 2. The Brief Facts Of The Case Are That The Assessee Is A Company Filed Its Return Of Income For The A.Y.2020-21 On 17.11.2020 Declaring Total Income Of Rs.11,20,57,920/-. The Return Of Income Was Processed By The Ao, Cpc, Bangalore On 29.12.2021 & Raised A Demand Of Rs.93,79,350/- By Denying The Beneficial Tax Rate As Per Section 115Baa Of The Act & By Applying The Tax Rate Of 30%.

For Appellant: Shri. N. V. Balaji, AdvocateFor Respondent: Ms. Anitha, Addl. C.I.T
Section 115BSection 119(2)(b)Section 154

…rocedural requirements should not override substantive benefits. The Courts have taken a lenient view on procedural lapses when substantive benefits at involved. SC ruling in the case of CIT v. G.M. Knitting Industries (P) Ltd. [2016] 71 taxmann.com 35/[2015] 376 ITR 456 (SC) 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, tho…

Asstt. Commissioner of Income-Tax, Circle-1, Jodhpur vs. Jodhpur Healthcare Pvt. Ltd., Jodhpur

In the result, the appeal of the revenue is dismissed

ITA 540/JODH/2024[2015-16]Status: DisposedITAT Jodhpur01 Jul 2025AY 2015-16

Bench: Shri Rajpal Yadav, Hon'Ble & Dr. Mitha Lal Meena, Hon'Blea.C.I.T., Circle-1, Jodhpur. Revenue By Assessee By Date Of Hearing Date Of Pronouncement

Section 139Section 148Section 35ASection 801A(7)Section 80J

…7) to file audit report in form 10 CCB within prescribed time limit to claim deduction u/s 35AD. 2. ITA No. 540/Jodh/2024 (Assessment Year 2015-16) 2. Whether the Ide CIT(A) has erred in observing that in the case of CIT vs. G.M. Knitting Industries (P). Ltd. 376 ITR 456, the Hon'ble Supreme Court further held that even though necessary certificate in Form 10 CCB along with return of income had not been filed but same was filed before final order of assessment was made, then in that case, the claim of the assessee cannot be disallowed, whereas in the above decision the Hon'ble Supreme Court has concurred with the…

Assistant Commissioner of Income Tax, Circle 1, Jodhpur vs. Jodhpur Healthcare Pvt. Ltd., Jodhpur

In the result, the revenue appeals in ITA Nos

ITA 545/JODH/2024[2018-19]Status: DisposedITAT Jodhpur26 Jun 2025AY 2018-19

Bench: Dr. Mitha Lal Meena, Hon'Ble & Anikesh Banerjee, Hon'Ble

Section 139Section 148Section 35ASection 801A(7)Section 80J

…provision of section 35AD(7) read with section 801A(7) to file audit report in form 10CCB within prescribed time limit to claim deduction u/s 35AD. 2. Whether the Id. CIT(A) has erred in observing that in the case of CIT vs. G.M. Knitting Industries (P). Ltd. 376 ITR 456, the Hon'ble Supreme Court further 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 was made, then in that case, the claim of the assessee cannot be disallowed, whereas in the above decision the Hon'ble Supreme Court has concurred with the…