CIT v. Gujarat Oil & Allied Industries

201 ITR 325High Court1993#480 most cited

What is CIT v. Gujarat Oil & Allied Industries authority for?

The requirement to file an audit report along with the income tax return, as specified in provisions like Section 80J(6A) or 80-IA(7), is directory and not mandatory. Substantial compliance is achieved if the audit report is submitted at any time before the assessment is framed or completed, and benefits should not be denied merely due to a delay in furnishing it.

195

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2008 to 2026.

Also referred to as

CIT v. Gujarat Oil & Allied Industries · Gujarat Oil and Allied Industries · Section 80J(6A) · Section 80-IA(7) · audit report filing · directory compliance · mandatory requirement · substantial compliance · filing before assessment · exemption claim audit report · Form 10B · Section 11 audit report

Sections most often in play

Section 11Section 143(1)Section 139(1)Section 12ASection 250Section 12Section 119(2)(b)Section 143(3)

Issues it is cited on

section 80j(6a)section 12a(b)section 12a(1)(b)section 139(4a)section 80ia(7)section 10b(8)section 119(2)section 80jsection 119(2)(b)section 288section 10bsection 11(2)

Judgments citing CIT v. Gujarat Oil & Allied Industries

St. John Freight Systems Ltd., Tuticorin vs. DCIT Central Circle 1, Madurai

In the result appeals filed in ITA Nos

ITA 188/CHNY/2019[2007-08]Status: DisposedITAT Chennai06 Apr 2023AY 2007-08

Bench: Shri Mahavir Singh, Hon’Ble & Shri Arun Khodpia, Hon’Bleआयकरअपीलसं./Ita Nos.188 & 2898 To 2900/Chny/2019 िनधा"रणवष"/Assessment Years: 2007-08 To 2010-11 V. M/S.St.John Freight – The Dy. Commissioner- Systems Pvt. Ltd., Of Income Tax, C-98, Sipcot Complex, Central Circle-1, Harbour Express Road, Madurai. Tuticorin-628 008. [Pan:Aaacs 4697 N] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से/ Appellant By : Mr.R.Vijayaraghavan, Adv. ""थ" की ओर से /Respondent By : Mr.S.Senthil Kumaran, Cit सुनवाईकीतारीख/Date Of Hearing : 13.03.2023 घोषणाकीतारीख /Date Of Pronouncement : 06.04.2023

For Appellant: Mr.R.Vijayaraghavan, AdvFor Respondent: Mr.S.Senthil Kumaran, CIT
Section 139Section 139(1)Section 143(3)Section 147Section 153ASection 153A(1)(a)Section 80ASection 80I

…आयकर अपीलीय अिधकरण, ‘बी’ "ायपीठ, चे%ई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH: CHENNAI "ी महावीर िसंह, माननीय उपा"",एवं (ी अ"ण खोडिपया, माननीय लेखा सद) के सम" BEFORE SHRI MAHAVIR SINGH, HON’BLE VICE PRESIDENT AND SHRI ARUN KHODPIA, HON’BLE ACCOUNTANT MEMBER आयकरअपीलसं./ITA Nos.188 & 2898 to 2900/Chny/2019 िनधा"रणवष"/Assessment Years: 2007-08 to 2010-11 v. M/s.St.John Freight – The Dy. Commissioner- Systems Pvt. Ltd., of Income Tax, C-98, SIPCOT Complex, Central Circle-1, Harbour Express Road, Madurai. Tuticorin-628 008. [PAN:AAACS 4697 N] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से/ Appellant…

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

In the result, appeal filed by the Revenue is dismissed

ITA 7/SRT/2023[2019-20]Status: DisposedITAT Surat30 Mar 2023AY 2019-20

Bench: SHRI PAWAN SINGH (Judicial Member), DR. A. L. SAINI (Accountant Member)

For Appellant: Shri Kiran K. Shah, CAFor Respondent: Shri Vinod Kumar, Sr- DR
Section 139Section 143(1)Section 143(3)Section 154Section 80I

…the Act and the same cannot be disallowed merely because the Form 10CCB was not filed along with the Return of Income. The appellant places reliance on the decision of the jurisdictional high court in the case of Gujarat Oil and Allied Industries reported in 201 ITR 325. 6.1 I have gone through the order u/s 143(1) of the Act passed by the AO and the submissions of the AR of the appellant. I have also gone through the ratio of decision referred to above by the AR of the appellant reported in 201 ITR 325. The Hon'ble High Court in the said case have held that the provision about furnishing of auditor’s report in…

Navbharat Charitable Trust, Bharuch vs. Income Tax Officer, Ward - 1, Bharuch

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

ITA 385/SRT/2022[2019-20]Status: DisposedITAT Surat28 Feb 2023AY 2019-20

Bench: Shri Pawan Singhita No. 383, 384 & 385/Srt/2022 (Assessment Years: 2017-18, 2018-19 & 2019-20) (Hearing In Virtual Court) Navbharat Charitable Trust, I.T.O., 0, Rajpardi, Jhagadia, Ward-1, Vs. Bharuch. Bharuch. Pan No. Aactn 0979 K Appellant/ Assessee Respondent/ Revenue

Section 11Section 12ASection 13(10)Section 254(1)Section 80G

…me merely on the bar of limitation especially when the legislature has conferred wide discretionary powers to condone such delay on the authorities concerned. 34. We may also refer to the decision of this Court in CIT v. Gujarat Oil & Allied Industries [1993] 201 ITR 325 (Guj.), wherein it is held that the provision regarding furnishing of audit report with the return has to be treated as a procedural proviso. It is directory in nature and its substantial compliance would suffice. In that case, the assessee had not produced the audit report along with the return of income but produced the same before the completi…

Navbharat Charitable Trust, Bharuch vs. Income Tax Officer, Ward - 1, Bharuch

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

ITA 384/SRT/2022[2018-19]Status: DisposedITAT Surat28 Feb 2023AY 2018-19

Bench: Shri Pawan Singhita No. 383, 384 & 385/Srt/2022 (Assessment Years: 2017-18, 2018-19 & 2019-20) (Hearing In Virtual Court) Navbharat Charitable Trust, I.T.O., 0, Rajpardi, Jhagadia, Ward-1, Vs. Bharuch. Bharuch. Pan No. Aactn 0979 K Appellant/ Assessee Respondent/ Revenue

Section 11Section 12ASection 13(10)Section 254(1)Section 80G

…me merely on the bar of limitation especially when the legislature has conferred wide discretionary powers to condone such delay on the authorities concerned. 34. We may also refer to the decision of this Court in CIT v. Gujarat Oil & Allied Industries [1993] 201 ITR 325 (Guj.), wherein it is held that the provision regarding furnishing of audit report with the return has to be treated as a procedural proviso. It is directory in nature and its substantial compliance would suffice. In that case, the assessee had not produced the audit report along with the return of income but produced the same before the completi…

Navbharat Charitable Trust, Bharuch vs. Income Tax Officer, Ward - 1, Bharuch

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

ITA 383/SRT/2022[2017-18]Status: DisposedITAT Surat28 Feb 2023AY 2017-18

Bench: Shri Pawan Singhita No. 383, 384 & 385/Srt/2022 (Assessment Years: 2017-18, 2018-19 & 2019-20) (Hearing In Virtual Court) Navbharat Charitable Trust, I.T.O., 0, Rajpardi, Jhagadia, Ward-1, Vs. Bharuch. Bharuch. Pan No. Aactn 0979 K Appellant/ Assessee Respondent/ Revenue

Section 11Section 12ASection 13(10)Section 254(1)Section 80G

…me merely on the bar of limitation especially when the legislature has conferred wide discretionary powers to condone such delay on the authorities concerned. 34. We may also refer to the decision of this Court in CIT v. Gujarat Oil & Allied Industries [1993] 201 ITR 325 (Guj.), wherein it is held that the provision regarding furnishing of audit report with the return has to be treated as a procedural proviso. It is directory in nature and its substantial compliance would suffice. In that case, the assessee had not produced the audit report along with the return of income but produced the same before the completi…

Sri Shyam Charan Sewa Trust, Ludhiana vs. Income Tax Officer ( Exemptions ) Ward, Jalandhar

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

ITA 214/ASR/2022[2018-19]Status: DisposedITAT Amritsar24 Feb 2023AY 2018-19

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 11Section 139Section 139(9)Section 143(1)Section 250Section 8o

…f Sarvodaya Charitable Trust vs. Income Tax Officer. (Exemption), [2021] 125 taxmann.com 75 (Gujarat). The relevant paragraph is extracted as below:- “32. We may also refer to the decision of this Court in CIT v. Gujarat Oil and Allied Industries Ltd. [1993] 201 ITR 325 (Guj.), wherein it is held that the provision regarding furnishing of audit report with the return has to be treated as a procedural proviso. It is directory in nature and its substantial compliance would suffice. In that case, the assessee had not produced the audit report along with the return of income but produced the same before the completi…

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

…e the framing of the assessment and the (assessing officer) has to consider, apply his mind and decide on the issue, by relying upon the decision of the Hon'ble Jurisdictional High Court in the case of Gujarat in the case of Gujarat Oil and Allied Industries (201 ITR 325) and accordingly, directing the assessing officer to allow the claim of deduction under Sec.80IA of ITA 230/SRT/2022/AY.2019-20 Hi-Tech Sweet Water Tech. (P) Ltd. the Act to the assessee after verification of Form 10CCB filed by the assessee, without appreciating the fact that the facts of the case relied upon by him and the facts involved in…

Al Mehmood Charitable Trust, Bharuch vs. Income Tax Officer, Ward- 1(5), Bharuch

In the result, appeals filed by the assessee (ITA No

ITA 93/SRT/2022[2017-18]Status: DisposedITAT Surat24 Jan 2023AY 2017-18

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita Nos.92 & 93/Srt/2022 "नधा"रण वष"/Assessment Years: (2016-17 & 2017-18) (Physical Court Hearing) Al Mehmood Charitable Trust, Income Tax Officer, By Pass Road Jambusar, Vs. Ward-1(5), Bharuch. Bharuch-392150 (Appellant) (Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaata 2702 M िनधा"रती क" ओर से /Assessee By Shri Rasesh Shah, Ca राज"व क" ओर से /Respondent By Shri Ashok B. Koli, Cit-Dr सुनवाई क" तारीख/Date Of Hearing 12/01/2023 उ"ोषणा क" तारीख/Date Of Pronouncement 24/01/2023

Section 11Section 12A(1)(b)Section 143(1)Section 154

…dings, for claiming exemption / deduction for assessment years 2016-17 and 2017-18. The case law relied on by the ld Counsel are as follows: • Zenith Processing Mills vs. CIT - [1996] 219 ITR 721 (Gujarat) • CIT vs. Gujarat Oil and Allied Industries - [1993] 201 ITR 325 (Gujarat) • CIT-IV vs. Xavier Kelavani Mandal P. Ltd. - [2014] 41 taxmann.com 184 (Gujarat) • Sarvodaya Charitable Trust vs. Income Tax Officer - [2021] 125 taxmann.com 75 (Gujarat) • Trust For Reaching The Unreached Through Trustee vs. CIT (Exemptions) - [2021] 126 taxmann.com 77 (Gujarat) • CIT vs. Devradhan Madhavlal Genda Trust (230 ITR 714)…

Al Mehmood Charitable Trust, Bharuch vs. Income Tax Officer, Ward- 1(5), Bharuch

In the result, appeals filed by the assessee (ITA No

ITA 92/SRT/2022[2016-17]Status: DisposedITAT Surat24 Jan 2023AY 2016-17

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita Nos.92 & 93/Srt/2022 "नधा"रण वष"/Assessment Years: (2016-17 & 2017-18) (Physical Court Hearing) Al Mehmood Charitable Trust, Income Tax Officer, By Pass Road Jambusar, Vs. Ward-1(5), Bharuch. Bharuch-392150 (Appellant) (Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaata 2702 M िनधा"रती क" ओर से /Assessee By Shri Rasesh Shah, Ca राज"व क" ओर से /Respondent By Shri Ashok B. Koli, Cit-Dr सुनवाई क" तारीख/Date Of Hearing 12/01/2023 उ"ोषणा क" तारीख/Date Of Pronouncement 24/01/2023

Section 11Section 12A(1)(b)Section 143(1)Section 154

…dings, for claiming exemption / deduction for assessment years 2016-17 and 2017-18. The case law relied on by the ld Counsel are as follows: • Zenith Processing Mills vs. CIT - [1996] 219 ITR 721 (Gujarat) • CIT vs. Gujarat Oil and Allied Industries - [1993] 201 ITR 325 (Gujarat) • CIT-IV vs. Xavier Kelavani Mandal P. Ltd. - [2014] 41 taxmann.com 184 (Gujarat) • Sarvodaya Charitable Trust vs. Income Tax Officer - [2021] 125 taxmann.com 75 (Gujarat) • Trust For Reaching The Unreached Through Trustee vs. CIT (Exemptions) - [2021] 126 taxmann.com 77 (Gujarat) • CIT vs. Devradhan Madhavlal Genda Trust (230 ITR 714)…

Tagore Shiksha Samiti, Jhunjhunu vs. ACIT, Circle (Exemption), Jaipur

In the result, the appeal of the assessee is allowed

ITA 425/JPR/2022[2018-19]Status: DisposedITAT Jaipur24 Jan 2023AY 2018-19

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri S.S. Shekhawat, CAFor Respondent: Shri Ajay Malik, CIT &
Section 11Section 119(2)(b)Section 12ASection 12A(1)(b)Section 139Section 139(1)Section 139(4)Section 143(1)Section 154

…ot mandatory. He further submitted that filing of audit report in Form10B alongwith I.T. Return is Directory in nature. To this effect,the ld. AR relied upon following case laws on the issue in question. 1. CIT vs Gujarat Oil and Allied Industries Ltd. (1993) 201 ITR 325 (Guj) in which it is held that the provision about furnishing of the auditor’s report alongwith the return has to be treated as procedural provision and, therefore, directory in nature. 2. G.V. Infosolutions Pvt. Ltd. vs DCIT, Circle 10(2) and others , 261 taxmann..com 482 (Del.) TAGORE SHIKSHA SAMITI, VS ACIT, CIRCLE (EXEMPTION) 3. Sujatha Rame…

Essar Investments Ltd, Mumbai vs. DCIT 5(1), Mumbai

In the result, the present appeal is partly allowed

ITA 2195/MUM/2014[2009-10]Status: DisposedITAT Mumbai28 Dec 2022AY 2009-10
For Appellant: Shri Vijay MehtaFor Respondent: Ms. Samruddhi D Hande
Section 143(3)Section 144CSection 144C(5)

…r administration of an international tax regime. That interpretation of the word „shall‟ need not always be mandatory and could also be read as “may”, is a rule laid down by the Hon'ble Gujarat High Court in the case of CIT v. Gujarat Oil & Allied Industries (201 ITR 325). This is more or less the same view taken by the Hon'ble Apex Court in the case of Director of Inspection of Income Tax (Investigation) v. Pooran Mal & Sons (96 ITR 390) and in the case of Sainik Motors v. State of Rajasthan (AIR 1961 SC 1480). Hence, while finding the most appropriate method it is not that modern valuation methods fitting the t…

M/S. Shardaben Education Trust, Gandhinagar vs. The Income Tax Officer, (Exemptions) Ward-1, Ahmedabad

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

ITA 2312/AHD/2018[2014-15]Status: DisposedITAT Ahmedabad16 Nov 2022AY 2014-15

Bench: Shri Waseem Ahmedआयकर अपील सं./Ita No.2312/Ahd/2018 िनधा"रण वष"/Asstt. Year:2014-2015 M/S. Shardaben Education Trust, Income Tax Officer, Set, Opp. Kailash Dham, Vs. (Exemption) Pethapur, Ward-1, Gandhinagar-382610. Ahmedabad.

For Appellant: Shri Parimalsingh B. Parmar, A.RFor Respondent: Shri Atul Pandey, Sr. D.R
Section 10Section 11Section 12ASection 154Section 264Section 264(1)

…ch it is entitled in the event of any procedural contravention specified under the provisions of the Act. In holding so we draw support and guidance from the judgment of Hon’ble Gujarat High Court in case of CIT vs. Gujarat Oil & Allied Industries reported in 201 ITR 325, the relevant extract of the judgment is reproduced as under: In our view, the aforesaid reasoning of the Allahabad High Court and the Patna High Court would squarely apply to the facts of the present case. The provision about furnishing of the auditors' report along with the return has to be treated as a procedural provision, directory in nature…

Gangji Shamji Cheeda Charitable Trust, Mumbai vs. Exem. Ward 2(3), Mumbai

ITA 1528/MUM/2022[2017-18]Status: DisposedITAT Mumbai31 Oct 2022AY 2017-18

Bench: Shri Kuldip Singhassessment Year: 2017-18

For Appellant: Ms. Mrugakshi Joshi, A.RFor Respondent: Shri Anil Gupta, D.R
Section 11Section 119(2)Section 12ASection 139Section 143(1)

…e High Court Calcutta & Hon’ble Gujarat High Court in case of CIT vs. Devradhan Madhavlal Genda Trust (1998) 230 ITR 714 (MP), CIT vs. Rai Bahadur Bissesswarlal Motilal Malwasie Trust (1992) 65 Taxman 273 (Cal) & CIT vs. Gujarat Oil & Allied Industries (1993) 201 ITR 325 respectively 4 M/s. Gangji Shamji Chedda Charitable Trust wherein it is held that filing of audit report in form 10B during the course of assessment proceedings is sufficient compliance of section 12A(b) which has to be considered. So the exemption otherwise available to the assessee trust under section 11 cannot be denied merely on account of de…

ACIT, Cir- 14(1)(2), Mumbai vs. Wns Global Services Pvt. Ltd., Mumbai

In the result, appeal filed by the assessee is allowed

ITA 2474/MUM/2021[2013-14]Status: DisposedITAT Mumbai12 Oct 2022AY 2013-14

Bench: Shri Vikas Awasthy, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

Section 14ASection 32(1)

…the case of Director of Inspection of Income Tax (Investigation) v. Pooran Mal & Sons (96 ITR 390) and in the case of Sainik Motors v. State of Rajasthan (AIR 1961 SC 1480) and Hon'ble Gujarat High Court in the case of CIT v. Gujarat Oil & Allied Industries (201 ITR 325). b. Considering 'shall' as 'may', Hon'ble ITAT Chennai in the case of Ascendas India Private Limited vs DCIT, ITA No. 1736/Mds/2011, ITAT Chennaifor AY 2007-08, held that 'shall' need not always be considered mandatory and could also be read as 'may' a rule laid down by the Hon'ble Gujarat High Court in the case of CIT v. Gujarat Oil & Allied In…

ACIT, Circle 14 (1)(2), Mumbai vs. Wns Global Services Pvt. Ltd., Mumbai

In the result, appeal filed by the assessee is allowed

ITA 2473/MUM/2021[2014-15]Status: DisposedITAT Mumbai12 Oct 2022AY 2014-15

Bench: Shri Vikas Awasthy, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

Section 14ASection 32(1)

…the case of Director of Inspection of Income Tax (Investigation) v. Pooran Mal & Sons (96 ITR 390) and in the case of Sainik Motors v. State of Rajasthan (AIR 1961 SC 1480) and Hon'ble Gujarat High Court in the case of CIT v. Gujarat Oil & Allied Industries (201 ITR 325). b. Considering 'shall' as 'may', Hon'ble ITAT Chennai in the case of Ascendas India Private Limited vs DCIT, ITA No. 1736/Mds/2011, ITAT Chennaifor AY 2007-08, held that 'shall' need not always be considered mandatory and could also be read as 'may' a rule laid down by the Hon'ble Gujarat High Court in the case of CIT v. Gujarat Oil & Allied In…

Shri Sambhavnath Swetamber Jain Derasar Trust, Palghar vs. CIT(A), Thane

ITA 926/MUM/2022[2017-18]Status: DisposedITAT Mumbai29 Sept 2022AY 2017-18

Bench: Shri Kuldip Singhassessment Year: 2017-18

For Appellant: Shri Zenith Jain, A.RFor Respondent: Shri Azhar Zain Vayal Parambath, D.R
Section 119(2)(b)Section 12ASection 139Section 154

…e High Court Calcutta & Hon’ble Gujarat High Court in case of CIT vs. Devradhan Madhavlal Genda Trust (1998) 230 ITR 714 (MP), CIT vs. Rai Bahadur Bissesswarlal Motilal Malwasie Trust (1992) 65 Taxman 273 (Cal) & CIT vs. Gujarat Oil & Allied Industries (1993) 201 ITR 325 respectively wherein it is held that filing of audit report in form 10B during the course of assessment proceedings is sufficient compliance of section 12A(b) which has to be considered. So the exemption otherwise available to the assessee trust under section 11 cannot be denied merely on account of delay in furnishing of audit report in form 10B…

Savitribai Phule Dattak Palaksudharit Yojna Nidhi Brihanmumbai, Mumbai vs. CPC Bangalore, Income Tax Officer 2(3), Mumbai

ITA 1214/MUM/2022[2018-19]Status: DisposedITAT Mumbai29 Sept 2022AY 2018-19

Bench: Shri Kuldip Singhassessment Year: 2018-19

For Appellant: Shri Rajesh Athavale, A.RFor Respondent: Shri Azhar Zain Vayal Parambath, D.R
Section 11Section 12Section 12ASection 143(1)

…e High Court Calcutta & Hon’ble Gujarat High Court in case of CIT vs. Devradhan Madhavlal Genda Trust (1998) 230 ITR 714 (MP), CIT vs. Rai Bahadur Bissesswarlal Motilal Malwasie Trust (1992) 65 Taxman 273 (Cal) & CIT vs. Gujarat Oil & Allied Industries (1993) 201 ITR 325 respectively wherein it is held that filing of audit report in form 10B during the course of assessment proceedings is sufficient compliance of section 12A(b) which has to be considered. So the exemption otherwise available to the assessee trust under section 11 cannot be denied merely on account of delay in furnishing of audit report in form 10B…

Pragati Education and Medical Trust Vahera, Borsad vs. The DCIT, CPC, Banglore

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

ITA 359/AHD/2021[2017-18]Status: DisposedITAT Ahmedabad29 Jul 2022AY 2017-18

Bench: Shri Waseem Ahmed & Shri Siddharatha Nautiyalआयकर अपील सं./Ita No. 359/Ahd/2021 िनधा"रण वष"/Asstt. Year: 2017-2018 Pragati Education & Medical Trustee D.C.I.T., Vahera, Vs. Cpc, 1, C/O H.J. Patel High School, Bangalore. Indira Colony Hospital, Vahera, Borsad, Anand-388540. Pan: Aactp7541F

For Appellant: Shri B.T. Thakkar, A.RFor Respondent: Shri Abhimanyu Singh Yadav, Sr.D.R
Section 11Section 12ASection 12A(2)Section 143(1)

…as not filed by the assessee electronically but the same was filed before the ld. CIT-A physically. The ld. CIT-A did not consider the same. In this regard, we refer to the decision of Hon’ble High Court in CIT v. Gujarat Oil and Allied Industries Ltd. [1993] 201 ITR 325 (Guj.), wherein it is held that the provision regarding furnishing of audit report with the return has to be treated as a procedural proviso. It is directory in nature and its substantial compliance would suffice. In that case, the assessee had not produced the audit report along with the return of income but produced the same before the completi…

G. B. Builders, Ahmedabad vs. ACIT-CPC(TDS), Ghaziabad

In the result, appeal of the assessee is allowed

ITA 626/AHD/2018[2015-16]Status: DisposedITAT Ahmedabad25 Apr 2022AY 2015-16

Bench: Due Date On 24-11-2014, But Inadvertently Committed An Error Therein Of Depositing This Tds Using Pan Of The Seller Instead Of Pan Of The Appellant (As The Buyer)

For Appellant: Shri Hirak Shah, A.RFor Respondent: Shri R.R. Makwana, Sr. D.R
Section 194Section 194ISection 200Section 200ASection 234E

…a Charitable Trust v. ITO 2021] 125 taxmann.com 75 (Gujarat) held that the approach of the authorities should be justice oriented so as to advance the cause of justice. The Gujarat High Court in the case of CIT v. Gujarat Oil and Allied Industries Ltd. [1993] 201 ITR 325 (Guj.), took the view that the benefit of exemption should not be denied merely on account of delay in furnishing the same and it is permissible for the assessee to produce the audit report at a later stage I.T.A No. 626/Ahd/2018 A.Y. 2015-16 Page No. 12 G.B. Builders vs. ACIT-CPC(TDS) either before the Income-tax Officer or before the appellat…

The Dy. CIT., Circle-1(1)(1), Vadodara vs. M/S. Gujarat Industries Power Co. Ltd., Vadodara

In the result, the captioned appeals are :

ITA 2463/AHD/2016[2012-13]Status: HeardITAT Ahmedabad13 Apr 2022AY 2012-13

Bench: Shri Mahavir Prasad, Judicial Memebr & Shri Waseem Ahmed, Accountant Memebr

For Respondent: Shri Mohd. Usman, CIT DR
Section 115JSection 147Section 14ASection 80I

…settled law that filing of report during the pendency of assessment proceedings is sufficient compliance for claiming deduction u/s 80IA of the Act and relied on the judgement of the jurisdictional High Court in the case of Gujarat Oil and Allied Industries - 201 ITR 325. 17. The Ld AR further submitted that regarding the issue of set off of losses as per section 80IA(5) for computation of income of eligible unit, the issue of "Initial Assessment Year" is settled by ITA Nos. 472/Ahd/2013 & Ors. (Gujarat Industrial Power Co. Ltd. ) - 15 - CBDT Circular No. 1 of 2016 dated 15-02-2016. As per the Circular, the term…