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.

Principal Commissioner of Income Tax-1 vs. Kamal Lochan Das

ITA/23/2023HC Orissa02 Mar 2023

Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE MURAHARI SRI RAMAN

ACIT, Central Circle-2(2), Hyderabad vs. Chinthakunta Ramesh Sridevi, Hyderabad

In the result all the 5 appeals filed by the Revenue are dismissed and the 5 appeals filed by the assessee are partly allowed for statistical purposes

ITA 699/HYD/2022[2018-19]Status: FixedITAT Hyderabad28 Feb 2023AY 2018-19

Bench: Shri R.K. Panda & Shri Laliet Kumar

For Appellant: Shri P. Murali Mohan Rao, CAFor Respondent: Shri K.E. Sunil Babu, CIT(DR)
Section 132Section 143(2)Section 143(3)Section 153ASection 80I

…ITA Nos 697 to 701 and 750 to 754 of 2020 आयकर अपील"य अ"धकरण, हैदराबाद पीठ IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘ ‘ Bench, Hyderabad Before Shri R.K. Panda, Accountant Member AND Shri Laliet Kumar, Judicial Member ITA Nos. 697 to 701/Hyd/2020 Assessment Years: 2014-15 to 2018-19 M/s. GVPR Engineers Ltd Vs. Dy. C. I. T Hyderabad Central Circle 1(3) PAN:AAACG7614F Hyderabad (Appellant) (Respondent) ITA Nos. 750 to 754/Hyd/2020 Assessment Years: 2014-15 to 2018-19 Dy. C. I. T Vs. M/s. GVPR Engineers Central Circle 1(3) Ltd Hyderabad Hyderabad PAN:AAACG7614F (Appellant) (Respondent) Assessee by: Shri P.…

Deputy Commissioner of Income Tax Central Circle-1(3), Hyderabad vs. Gvpr Engineers Limited, Hyderabad

In the result all the 5 appeals filed by the Revenue are dismissed and the 5 appeals filed by the assessee are partly allowed for statistical purposes

ITA 754/HYD/2020[2018-19]Status: DisposedITAT Hyderabad28 Feb 2023AY 2018-19

Bench: Shri R.K. Panda & Shri Laliet Kumar

For Appellant: Shri P. Murali Mohan Rao, CAFor Respondent: Shri K.E. Sunil Babu, CIT(DR)
Section 132Section 143(2)Section 143(3)Section 153ASection 80I

…ITA Nos 697 to 701 and 750 to 754 of 2020 आयकर अपील"य अ"धकरण, हैदराबाद पीठ IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘ ‘ Bench, Hyderabad Before Shri R.K. Panda, Accountant Member AND Shri Laliet Kumar, Judicial Member ITA Nos. 697 to 701/Hyd/2020 Assessment Years: 2014-15 to 2018-19 M/s. GVPR Engineers Ltd Vs. Dy. C. I. T Hyderabad Central Circle 1(3) PAN:AAACG7614F Hyderabad (Appellant) (Respondent) ITA Nos. 750 to 754/Hyd/2020 Assessment Years: 2014-15 to 2018-19 Dy. C. I. T Vs. M/s. GVPR Engineers Central Circle 1(3) Ltd Hyderabad Hyderabad PAN:AAACG7614F (Appellant) (Respondent) Assessee by: Shri P.…

Dy. Commissioner of Income Tax, Central Circle-1(3), Hyderabad vs. Gvpr Engineers Limited, Hyderabad

In the result all the 5 appeals filed by the Revenue are dismissed and the 5 appeals filed by the assessee are partly allowed for statistical purposes

ITA 753/HYD/2020[2017-18]Status: DisposedITAT Hyderabad28 Feb 2023AY 2017-18

Bench: Shri R.K. Panda & Shri Laliet Kumar

For Appellant: Shri P. Murali Mohan Rao, CAFor Respondent: Shri K.E. Sunil Babu, CIT(DR)
Section 132Section 143(2)Section 143(3)Section 153ASection 80I

…ITA Nos 697 to 701 and 750 to 754 of 2020 आयकर अपील"य अ"धकरण, हैदराबाद पीठ IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘ ‘ Bench, Hyderabad Before Shri R.K. Panda, Accountant Member AND Shri Laliet Kumar, Judicial Member ITA Nos. 697 to 701/Hyd/2020 Assessment Years: 2014-15 to 2018-19 M/s. GVPR Engineers Ltd Vs. Dy. C. I. T Hyderabad Central Circle 1(3) PAN:AAACG7614F Hyderabad (Appellant) (Respondent) ITA Nos. 750 to 754/Hyd/2020 Assessment Years: 2014-15 to 2018-19 Dy. C. I. T Vs. M/s. GVPR Engineers Central Circle 1(3) Ltd Hyderabad Hyderabad PAN:AAACG7614F (Appellant) (Respondent) Assessee by: Shri P.…

Dy. Commissioner of Income Tax, Central Circle-1(3), Hyderabad vs. Gvpr Engineers Limited, Hyderabad

In the result all the 5 appeals filed by the Revenue are dismissed and the 5 appeals filed by the assessee are partly allowed for statistical purposes

ITA 752/HYD/2020[2016-17]Status: DisposedITAT Hyderabad28 Feb 2023AY 2016-17

Bench: Shri R.K. Panda & Shri Laliet Kumar

For Appellant: Shri P. Murali Mohan Rao, CAFor Respondent: Shri K.E. Sunil Babu, CIT(DR)
Section 132Section 143(2)Section 143(3)Section 153ASection 80I

…ITA Nos 697 to 701 and 750 to 754 of 2020 आयकर अपील"य अ"धकरण, हैदराबाद पीठ IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘ ‘ Bench, Hyderabad Before Shri R.K. Panda, Accountant Member AND Shri Laliet Kumar, Judicial Member ITA Nos. 697 to 701/Hyd/2020 Assessment Years: 2014-15 to 2018-19 M/s. GVPR Engineers Ltd Vs. Dy. C. I. T Hyderabad Central Circle 1(3) PAN:AAACG7614F Hyderabad (Appellant) (Respondent) ITA Nos. 750 to 754/Hyd/2020 Assessment Years: 2014-15 to 2018-19 Dy. C. I. T Vs. M/s. GVPR Engineers Central Circle 1(3) Ltd Hyderabad Hyderabad PAN:AAACG7614F (Appellant) (Respondent) Assessee by: Shri P.…

Dy. Commissioner of Income Tax, Central Circle-1(3), Hyderabad vs. Gvpr Engineers Limited, Hyderabad

In the result all the 5 appeals filed by the Revenue are dismissed and the 5 appeals filed by the assessee are partly allowed for statistical purposes

ITA 751/HYD/2020[2015-16]Status: DisposedITAT Hyderabad28 Feb 2023AY 2015-16

Bench: Shri R.K. Panda & Shri Laliet Kumar

For Appellant: Shri P. Murali Mohan Rao, CAFor Respondent: Shri K.E. Sunil Babu, CIT(DR)
Section 132Section 143(2)Section 143(3)Section 153ASection 80I

…ITA Nos 697 to 701 and 750 to 754 of 2020 आयकर अपील"य अ"धकरण, हैदराबाद पीठ IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘ ‘ Bench, Hyderabad Before Shri R.K. Panda, Accountant Member AND Shri Laliet Kumar, Judicial Member ITA Nos. 697 to 701/Hyd/2020 Assessment Years: 2014-15 to 2018-19 M/s. GVPR Engineers Ltd Vs. Dy. C. I. T Hyderabad Central Circle 1(3) PAN:AAACG7614F Hyderabad (Appellant) (Respondent) ITA Nos. 750 to 754/Hyd/2020 Assessment Years: 2014-15 to 2018-19 Dy. C. I. T Vs. M/s. GVPR Engineers Central Circle 1(3) Ltd Hyderabad Hyderabad PAN:AAACG7614F (Appellant) (Respondent) Assessee by: Shri P.…

Dy. Commissioner of Income Tax, Central Circle-1(3), Hyderabad vs. Gvpr Engineers Limited, Hyderabad

In the result all the 5 appeals filed by the Revenue are dismissed and the 5 appeals filed by the assessee are partly allowed for statistical purposes

ITA 750/HYD/2020[2014-15]Status: DisposedITAT Hyderabad28 Feb 2023AY 2014-15

Bench: Shri R.K. Panda & Shri Laliet Kumar

For Appellant: Shri P. Murali Mohan Rao, CAFor Respondent: Shri K.E. Sunil Babu, CIT(DR)
Section 132Section 143(2)Section 143(3)Section 153ASection 80I

…ITA Nos 697 to 701 and 750 to 754 of 2020 आयकर अपील"य अ"धकरण, हैदराबाद पीठ IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘ ‘ Bench, Hyderabad Before Shri R.K. Panda, Accountant Member AND Shri Laliet Kumar, Judicial Member ITA Nos. 697 to 701/Hyd/2020 Assessment Years: 2014-15 to 2018-19 M/s. GVPR Engineers Ltd Vs. Dy. C. I. T Hyderabad Central Circle 1(3) PAN:AAACG7614F Hyderabad (Appellant) (Respondent) ITA Nos. 750 to 754/Hyd/2020 Assessment Years: 2014-15 to 2018-19 Dy. C. I. T Vs. M/s. GVPR Engineers Central Circle 1(3) Ltd Hyderabad Hyderabad PAN:AAACG7614F (Appellant) (Respondent) Assessee by: Shri P.…

Gvpr Engineers Limited, Hyderabad vs. Deputy Commissioner of Income Tax CC-1(3), Hyderabad

In the result all the 5 appeals filed by the Revenue are dismissed and the 5 appeals filed by the assessee are partly allowed for statistical purposes

ITA 701/HYD/2020[2018-19]Status: DisposedITAT Hyderabad28 Feb 2023AY 2018-19

Bench: Shri R.K. Panda & Shri Laliet Kumar

For Appellant: Shri P. Murali Mohan Rao, CAFor Respondent: Shri K.E. Sunil Babu, CIT(DR)
Section 132Section 143(2)Section 143(3)Section 153ASection 80I

…ITA Nos 697 to 701 and 750 to 754 of 2020 आयकर अपील"य अ"धकरण, हैदराबाद पीठ IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘ ‘ Bench, Hyderabad Before Shri R.K. Panda, Accountant Member AND Shri Laliet Kumar, Judicial Member ITA Nos. 697 to 701/Hyd/2020 Assessment Years: 2014-15 to 2018-19 M/s. GVPR Engineers Ltd Vs. Dy. C. I. T Hyderabad Central Circle 1(3) PAN:AAACG7614F Hyderabad (Appellant) (Respondent) ITA Nos. 750 to 754/Hyd/2020 Assessment Years: 2014-15 to 2018-19 Dy. C. I. T Vs. M/s. GVPR Engineers Central Circle 1(3) Ltd Hyderabad Hyderabad PAN:AAACG7614F (Appellant) (Respondent) Assessee by: Shri P.…

Gvpr Engineers Limited, Hyderabad vs. Deputy Commissioner of Income Tax, CC-1(3), Hyderabad

In the result all the 5 appeals filed by the Revenue are dismissed and the 5 appeals filed by the assessee are partly allowed for statistical purposes

ITA 698/HYD/2020[2015-16]Status: DisposedITAT Hyderabad28 Feb 2023AY 2015-16

Bench: Shri R.K. Panda & Shri Laliet Kumar

For Appellant: Shri P. Murali Mohan Rao, CAFor Respondent: Shri K.E. Sunil Babu, CIT(DR)
Section 132Section 143(2)Section 143(3)Section 153ASection 80I

…ITA Nos 697 to 701 and 750 to 754 of 2020 आयकर अपील"य अ"धकरण, हैदराबाद पीठ IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘ ‘ Bench, Hyderabad Before Shri R.K. Panda, Accountant Member AND Shri Laliet Kumar, Judicial Member ITA Nos. 697 to 701/Hyd/2020 Assessment Years: 2014-15 to 2018-19 M/s. GVPR Engineers Ltd Vs. Dy. C. I. T Hyderabad Central Circle 1(3) PAN:AAACG7614F Hyderabad (Appellant) (Respondent) ITA Nos. 750 to 754/Hyd/2020 Assessment Years: 2014-15 to 2018-19 Dy. C. I. T Vs. M/s. GVPR Engineers Central Circle 1(3) Ltd Hyderabad Hyderabad PAN:AAACG7614F (Appellant) (Respondent) Assessee by: Shri P.…

Gvpr Engineers Limited, Hyderabad vs. Deputy Commissioner of Income Tax Central Circle1(3), Hyderabad

In the result all the 5 appeals filed by the Revenue are dismissed and the 5 appeals filed by the assessee are partly allowed for statistical purposes

ITA 697/HYD/2020[2014-15]Status: DisposedITAT Hyderabad28 Feb 2023AY 2014-15

Bench: Shri R.K. Panda & Shri Laliet Kumar

For Appellant: Shri P. Murali Mohan Rao, CAFor Respondent: Shri K.E. Sunil Babu, CIT(DR)
Section 132Section 143(2)Section 143(3)Section 153ASection 80I

…ITA Nos 697 to 701 and 750 to 754 of 2020 आयकर अपील"य अ"धकरण, हैदराबाद पीठ IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘ ‘ Bench, Hyderabad Before Shri R.K. Panda, Accountant Member AND Shri Laliet Kumar, Judicial Member ITA Nos. 697 to 701/Hyd/2020 Assessment Years: 2014-15 to 2018-19 M/s. GVPR Engineers Ltd Vs. Dy. C. I. T Hyderabad Central Circle 1(3) PAN:AAACG7614F Hyderabad (Appellant) (Respondent) ITA Nos. 750 to 754/Hyd/2020 Assessment Years: 2014-15 to 2018-19 Dy. C. I. T Vs. M/s. GVPR Engineers Central Circle 1(3) Ltd Hyderabad Hyderabad PAN:AAACG7614F (Appellant) (Respondent) Assessee by: Shri P.…

DCIT(Ltu) - 1, Mumbai vs. Acc Ltd., Mumbai

In the result, appeal filed by assessee is partly allowed

ITA 268/MUM/2019[2008-09]Status: DisposedITAT Mumbai28 Feb 2023AY 2008-09

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Blem/S. Acc Limited V. Addl. Cit -Ltu (Formerly Known As The Associated Cement 29Th Floor, Center-1 Companies Ltd.) World Trade Centre, Cuffe Parade Cement House, 121, M.K. Road Mumbai-400005 Churchgate, Mumbai-400020 Pan: Aaact1507C (Appellant) (Respondent) Dy. Cit - Ltu-1 V. M/S. Acc Limited 29Th Floor, Center-1 (Formerly Known As The Associated Cement Companies Ltd.) World Trade Centre, Cuffe Parade Cement House, 121, M.K. Road Mumbai-400005 Churchgate, Mumbai-400020 Pan: Aaact1507C (Appellant) (Respondent)

Section 143(3)Section 14A

…in Form 10CCB can be filed before assessment is completed, if same has not been filed along with return of income. It is relevant to refer to decision of Hon'ble Supreme Court in the case of CIT v. G. M. Knitting Industries Pvt. Ltd.[2016] 71 taxmann.com 35/ 376 ITR 456 which in turn has upheld the finding of Hon'ble Madras High court referred supra as well as Bombay High Court IT Appeal No. 2336 of 2010, dated 24-6-2011 held as under: DEPRECIATION – ADDITIONAL DEPRECIATION – PLANT AND MACHINERY – CONDITION PRECEDENT – REPORT OF ACCOUNTANT TO BE FILED IN FORM 3AA – NOT FILED WITH RETURN BUT DURING ASSESSMENT PRO…

Acc Ltd ( Formelry Known As the Associated Cement Companies Ltd), Mumbai vs. Addll CIT, (Ltu), Mumbai

In the result, appeal filed by assessee is partly allowed

ITA 6638/MUM/2018[2008-09]Status: DisposedITAT Mumbai28 Feb 2023AY 2008-09

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Blem/S. Acc Limited V. Addl. Cit -Ltu (Formerly Known As The Associated Cement 29Th Floor, Center-1 Companies Ltd.) World Trade Centre, Cuffe Parade Cement House, 121, M.K. Road Mumbai-400005 Churchgate, Mumbai-400020 Pan: Aaact1507C (Appellant) (Respondent) Dy. Cit - Ltu-1 V. M/S. Acc Limited 29Th Floor, Center-1 (Formerly Known As The Associated Cement Companies Ltd.) World Trade Centre, Cuffe Parade Cement House, 121, M.K. Road Mumbai-400005 Churchgate, Mumbai-400020 Pan: Aaact1507C (Appellant) (Respondent)

Section 143(3)Section 14A

…in Form 10CCB can be filed before assessment is completed, if same has not been filed along with return of income. It is relevant to refer to decision of Hon'ble Supreme Court in the case of CIT v. G. M. Knitting Industries Pvt. Ltd.[2016] 71 taxmann.com 35/ 376 ITR 456 which in turn has upheld the finding of Hon'ble Madras High court referred supra as well as Bombay High Court IT Appeal No. 2336 of 2010, dated 24-6-2011 held as under: DEPRECIATION – ADDITIONAL DEPRECIATION – PLANT AND MACHINERY – CONDITION PRECEDENT – REPORT OF ACCOUNTANT TO BE FILED IN FORM 3AA – NOT FILED WITH RETURN BUT DURING ASSESSMENT PRO…

Acc Ltd, Mumbai vs. Asst CIT Ltu, Mumbai

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

ITA 6082/MUM/2014[2007-08]Status: DisposedITAT Mumbai28 Feb 2023AY 2007-08

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Ble

Section 143(3)Section 145A

…be made only on the ground that Form 10CCB was not filed along with Return of Income as filing of such form is directory in nature. In support of such contention, Ld. AR has mainly relied upon following decisions: i) CIT v. G.M. Knitting Industries (P.) Ltd (376 ITR 456) (SC) (ii) CIT v. Shivanand Electronics (209 ITR 63) (Bombay HC) (iii) CIT v. Sanjay Kumar Bansal [2013] 219 Taxman 41 (Uttarakhand) (iv) CIT v. ACE Multitaxes Systems (P.) Ltd. [2009] 317 ITR 207 (Kar.) 68. During the course of hearing, the Ld. DR has relied upon finding given by lower authorities and argued that deduction u/s.80IA cannot be al…

Acc Ltd ( Formerly Known As the Associates Cement Companies Ltd), Mumbai vs. Addl CIT Ltu, Mumbai

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

ITA 4669/MUM/2012[2007-08]Status: DisposedITAT Mumbai28 Feb 2023AY 2007-08

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Ble

Section 143(3)Section 145A

…be made only on the ground that Form 10CCB was not filed along with Return of Income as filing of such form is directory in nature. In support of such contention, Ld. AR has mainly relied upon following decisions: i) CIT v. G.M. Knitting Industries (P.) Ltd (376 ITR 456) (SC) (ii) CIT v. Shivanand Electronics (209 ITR 63) (Bombay HC) (iii) CIT v. Sanjay Kumar Bansal [2013] 219 Taxman 41 (Uttarakhand) (iv) CIT v. ACE Multitaxes Systems (P.) Ltd. [2009] 317 ITR 207 (Kar.) 68. During the course of hearing, the Ld. DR has relied upon finding given by lower authorities and argued that deduction u/s.80IA cannot be al…

Addl.C.I.T. Ltu, Mumbai vs. Acc Ltd., Mumbai

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

ITA 4556/MUM/2012[2007-08]Status: DisposedITAT Mumbai28 Feb 2023AY 2007-08

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Ble

Section 143(3)Section 145A

…be made only on the ground that Form 10CCB was not filed along with Return of Income as filing of such form is directory in nature. In support of such contention, Ld. AR has mainly relied upon following decisions: i) CIT v. G.M. Knitting Industries (P.) Ltd (376 ITR 456) (SC) (ii) CIT v. Shivanand Electronics (209 ITR 63) (Bombay HC) (iii) CIT v. Sanjay Kumar Bansal [2013] 219 Taxman 41 (Uttarakhand) (iv) CIT v. ACE Multitaxes Systems (P.) Ltd. [2009] 317 ITR 207 (Kar.) 68. During the course of hearing, the Ld. DR has relied upon finding given by lower authorities and argued that deduction u/s.80IA cannot be al…

ACIT Circle-10(2), New Delhi vs. Green Dot Health Foods Pvt Ltd, New Delhi

In the result, appeal of the Revenue is dismissed

ITA 8414/DEL/2019[2017-18]Status: DisposedITAT Delhi09 Feb 2023AY 2017-18

Bench: Sh. Anil Chaturvedi & Sh. Yogesh Kumar Usacit Vs. Green Dot Health Foods Circle – 10(2), Pvt. Ltd., Bmc House 66, New Delhi Shraddha Nand Marg, Pan No. Aaacs 1314 G New Delhi-110 035 (Appellant) (Respondent) Assessee By Shri Vijay Singla, C.A. Revenue By Shri Rajendra Jha, Sr. D.R. Date Of Hearing: 06.02.2023 Date Of Pronouncement: 09.02.2023 Order Per Anil Chaturvedi, Am : This Appeal Filed By The Revenue Is Directed Against The Order Dated 16.08.2019 Of The Commissioner Of Income Tax (Appeals)-4, New Delhi Relating To Assessment Year 2017-18. 2. Brief Facts Of The Case As Culled Out From The Material On Record Are As Under :-

Section 143(1)Section 80I

…CIT(A) should have upheld the order of AO. 3 6. Learned AR on the other hand supported the order of CIT(A) by pointing to the findings of CIT(A). He also placed reliance on the decision of Apex Court in the case of CIT vs. G. M. Knitting Industries (P.) Ltd. 376 ITR 456 wherein it has been held that when Form 10CCB is not filed with the return of income but is filed before the passing of the assessment order, then in that case the claim of deduction cannot be denied. 7. We have heard the rival submissions and perused the material available on record. The issue in the present ground is about the denial of claim…

ACIT, Circle-31(1), New Delhi vs. Lotus Herbals Color Cosmetics, New Delhi

ITA 4191/DEL/2017[ 2013-14]Status: HeardITAT Delhi07 Feb 2023

Bench: Shri Shamim Yahya & Shri Anubhav Sharma[Assessment Year: 2013-14]

Section 80I

…ng reliance on following decision-Ravinder Aggarwal (HUF) vs CIT [ITA.0.5066/Del/ 2011], ACIT vs Octave Exports [ITAT Chandigarh (2015) 54 Taxman 417], ACIT vs Assam Dyeing Plants (P) Ltd. [ITA No. 46/GAU/2011], & CIT vs GM knitting Industries (P) Ltd. [2016] 376 ITR 456 [SC], wherein the claim of assessee was allowed due to technical mistake, whereas in the present case the assessee was consistently & deliberately presenting wrong facts before the department by consciously presenting itself as involved in manufacturing of "Herbal CO No.63/Del/2021 Cosmetics" so as to influence the public perception being less h…

DCIT, Hisar vs. M/S Synergy Waste Management Pvt. Ltd., Hisar

In the result, all the five captioned appeals filed by the Revenue are dismissed

ITA 5704/DEL/2016[2013-14]Status: DisposedITAT Delhi07 Feb 2023AY 2013-14

Bench: Shri C.M. Garg & Shri Pradip Kumar Kedia

For Appellant: Shri Ramesh Goyal, CA &For Respondent: Ms Kajal Singh, Sr. DR
Section 115JSection 119Section 139Section 143(1)Section 143(1)(a)Section 170Section 170(1)Section 44ASection 801ASection 80I

…Act on account of non-filing of the return within the prescribed time limit u/s 139(1) of the Act would be governed by the judgement of the Hon’ble Supreme Court in the case of CIT vs. GM Knitting Industries ITA Nos.5701-5704/Del/2016 Pvt. Ltd., reported as 376 ITR 456 (SC), wherein it has been held that filing of the return for making of a claim under Chapter VI-A of the Act is mandatory, but, compliance of timing is directory. Therefore, even if the claim is made during the period of assessment proceedings, such claim has to be allowed. 11. On careful consideration of the above rival submissions, first of al…

DCIT, Hisar vs. M/S Synergy Waste Management Pvt. Ltd., Hisar

In the result, all the five captioned appeals filed by the Revenue are dismissed

ITA 5703/DEL/2016[2012-13]Status: DisposedITAT Delhi07 Feb 2023AY 2012-13

Bench: Shri C.M. Garg & Shri Pradip Kumar Kedia

For Appellant: Shri Ramesh Goyal, CA &For Respondent: Ms Kajal Singh, Sr. DR
Section 115JSection 119Section 139Section 143(1)Section 143(1)(a)Section 170Section 170(1)Section 44ASection 801ASection 80I

…Act on account of non-filing of the return within the prescribed time limit u/s 139(1) of the Act would be governed by the judgement of the Hon’ble Supreme Court in the case of CIT vs. GM Knitting Industries ITA Nos.5701-5704/Del/2016 Pvt. Ltd., reported as 376 ITR 456 (SC), wherein it has been held that filing of the return for making of a claim under Chapter VI-A of the Act is mandatory, but, compliance of timing is directory. Therefore, even if the claim is made during the period of assessment proceedings, such claim has to be allowed. 11. On careful consideration of the above rival submissions, first of al…

DCIT, Hisar vs. M/S Synergy Waste Management Pvt. Ltd., Hisar

In the result, all the five captioned appeals filed by the Revenue are dismissed

ITA 5702/DEL/2016[2012-13]Status: DisposedITAT Delhi07 Feb 2023AY 2012-13

Bench: Shri C.M. Garg & Shri Pradip Kumar Kedia

For Appellant: Shri Ramesh Goyal, CA &For Respondent: Ms Kajal Singh, Sr. DR
Section 115JSection 119Section 139Section 143(1)Section 143(1)(a)Section 170Section 170(1)Section 44ASection 801ASection 80I

…Act on account of non-filing of the return within the prescribed time limit u/s 139(1) of the Act would be governed by the judgement of the Hon’ble Supreme Court in the case of CIT vs. GM Knitting Industries ITA Nos.5701-5704/Del/2016 Pvt. Ltd., reported as 376 ITR 456 (SC), wherein it has been held that filing of the return for making of a claim under Chapter VI-A of the Act is mandatory, but, compliance of timing is directory. Therefore, even if the claim is made during the period of assessment proceedings, such claim has to be allowed. 11. On careful consideration of the above rival submissions, first of al…