CIT v. Panama Chemicals Works

292 ITR 147High Court2007#5360 most cited

What is CIT v. Panama Chemicals Works authority for?

An assessee's claim for deduction under sections like 80-I or 80-IA cannot be denied solely for failing to file the audit report (Form 10CCB) along with the return, provided it is filed before the completion of the assessment and any delay is for good and sufficient reasons.

22

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

Also referred to as

CIT v Panama Chemicals Works · section 80-I · section 80-IA · audit report · Form 10CCB · delay in filing · assessment completion · deduction

Issues it is cited on

Judgments citing CIT v. Panama Chemicals Works

DCIT, CIRCLE - 19(1), DELHI vs. PRESUDE LIFESCIENCES PVT. LTD., DELHI

The appeal is allowed

ITA 3421/DEL/2024[2022-23]Status: DisposedITAT Delhi09 Jun 2025AY 2022-23

Bench: Smt.Annapurna Gupta & Smt. Madhumita Royassessment Year : 2022-23 Dcit, Cir.19(1) Vs. Presude Lifesciences P. Ltd. Delhi. Plot No.Rz-6 (B-6) Upper Ground Floor Om Vihar, Uttam Nagar West Delhi Delhi 110 059. Pan : Aajcp 7759 D अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" य "" यथ" "" य "" य थ" थ"/(Respondent) थ" Revenue By : Ms. Nidhi Agarwal, Ca Assesseeby : Dr. Maninder Kaur, Sr.Dr सुनवाई क" तारीख/Date Of Hearing : 09/04/2025 घोषणा क" तारीख /Date Of Pronouncement: 09/04/2025 आदेश आदेश/O R D E R आदेश आदेश Per Annapurna Gupta

For Appellant: Dr. Maninder Kaur, Sr.DRFor Respondent: Ms. Nidhi Agarwal, CA
Section 143(1)Section 250(6)Section 80Section 80I

…slature has conferred wide discretionary powers to condone such delay. 8.3. The reliance is placed on Hon’ble HIGH COURT OF MADHYA PRADESH, INDORE BENCH’s decision in the case of CIT Vs. Panama Chemicals Works in [2007] 165 Taxman 135 (Madhya Pradesh)/[2007] 292 ITR 147 (Madhya Pradesh) dated 29/08/2006, wherein it is held that “when assessee fails to file audit report in Form No. 10CCB along with return and files it subsequently, but before completion of assessment, it will not be fatal to claim of assessee under section 80-I and ITO will have power to accept same if he is satisfied that delay in filing same wa…

G4S SECURE SOLUTIONS (INDIA) PRIVATE LIMITED,WEST DELHI, INDIA vs. CENTRAL PROCESSING CENTER , BANGALORE

In the result, the appeal of the assessee is allowed

ITA 5285/DEL/2024[2023-24]Status: DisposedITAT Delhi16 May 2025AY 2023-24

Bench: Shri Shamim Yahya & Shri Vimal Kumarassessment Year: 2023-24 G4S Secure Solutions (India) Vs Cpc, Private Limited, Bengaluru. 9Th Floor, Tower-B, Good Earth Trade Tower, Sector-62, Bhondsi So (168), Gurugram, Haryana – 122 102. Pan: Aaacg1625Q (Appellant) (Respondent) Assessee By : Shri Salil Kapoor, Ms Ananya Kapoor & Shri Shivam Yadav, Advocates Revenue By : Shri Surender Pal, Cit, Dr Date Of Hearing : 12.03.2025 Date Of Pronouncement : 16.05.2025 Order Per Vimal Kumar, Jm: The Appeal By The Appellant/Assessee Is Against The Order Dated 23.09.2024 Of The Ld. Commissioner Of Income-Tax (Appeals)-6, Mumbai [Hereinafter Referred To As ‘The Ld. Cit(A)’] U/S 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) In Appeal Arising Out Of The Order Dated 27.03.2024 U/S 143(1) Of The Act Of The Cpc, Bengaluru (Hereinafter Referred To As ‘The Ld. Ao’), For Assessment Year 2023-24. 2. Brief Facts Of The Case Are That The Assessee Filed The Original Return Of Income Along With Form 10Da On 29.11.2023. Subsequently, The Return Of Income Along With Form 10Da Was Revised On 30.12.2023. The Cpc Processed The Return Disallowing Deduction U/S 80Jjaa Of The Act, Vide Intimation Dated 27.03.2024. Against This Intimation Dated 27.03.2024, The Appellant Assessee Filed Appeal Before The Ld.Cit(A) Which Was Partly Allowed, Vide Order Dated 23.09.2024. 3. Being Aggrieved, The Appellant-Assessee Has Preferred The Present Appeal.

For Appellant: Shri Salil Kapoor, Ms Ananya KapoorFor Respondent: Shri Surender Pal, CIT, DR
Section 143(1)Section 250Section 80J

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES: B : NEW DELHI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI VIMAL KUMAR, JUDICIAL MEMBER Assessment Year: 2023-24 G4S Secure Solutions (India) Vs CPC, Private Limited, Bengaluru. 9th Floor, Tower-B, Good Earth Trade Tower, Sector-62, Bhondsi SO (168), Gurugram, Haryana – 122 102. PAN: AAACG1625Q (Appellant) (Respondent) Assessee by : Shri Salil Kapoor, Ms Ananya Kapoor, & Shri Shivam Yadav, Advocates Revenue by : Shri Surender Pal, CIT, DR Date of Hearing : 12.03.2025 Date of Pronouncement : 16.05.2025 ORDER PER VIMAL KUMAR, JM: The appeal by the appe…

M/S SURENDRA STEELS PVT. LIMITED,KOLKATA vs. DCIT, CC-2(3), KOLKATA

In the result, appeal of the assessee is allowed

ITA 78/KOL/2022[2019-20]Status: DisposedITAT Kolkata20 May 2022AY 2019-20

Bench: Shri Rajpal Yadav & Shri Girish Agrawalassessment Year: 2019-20 M/S. Surendra Steels Private Deputy Commissioner Of Limited Income Tax, Central Circle- Vs Charu Market 2(3), Kolkata Srcb Road Fancy Bazar Guwahati (Assam) - 781001 Pan : Aaics6451J अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Devesh Poddar, A/R Revenue By : Smt. Ranu Biswas, Addl. Cit D/R सुनवाई क" तार"ख/Date Of Hearing : 18/05/2022 घोषणा क" तार"ख /Date Of Pronouncement : 20/05/2022 आदेश/O R D E R Per Rajpal Yadav: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), Kolkata - 20, [Hereinafter The “Ld. Cit(A)”], Dt. 10/12/2021, Passed U/S 250 Of The Income Tax Act, 1961 (In Short “The Act”) For The Assessment Year 2019-20. 2. Though The Assessee Has Taken Six Grounds Of Appeal But Its Grievance Revolves Around A Single Issue, Namely, That The Ld. Cit(A) Has Erred In Upholding The Disallowance Of Deduction Amounting To Rs.3,92,08,790/- Claimed U/S 80Ic Of The Act.

For Appellant: Shri Devesh Poddar, A/RFor Respondent: Smt. Ranu Biswas, Addl. CIT D/R
Section 143(1)Section 143(1)(a)Section 250Section 801CSection 80I

…d.” Assessment Year: 2019-20 M/s. Surendra Steels Private Limited 3 6. The ld. Counsel for the assessee, at the outset on the strength of the decisions rendered by the Hon’ble Madhya Pradesh High Court in the case of CIT vs. Panama Chemical Works reported in 292 ITR 147, submitted that the non-submission of Form 10CCB along with the return is a mere irregularity which is not fatal to the claim of deduction u/s 80IC of the Act. In other words, this is an irregularity which is curable in nature. He further relied upon the judgment of the Hon’ble Supreme Court in the case of CIT vs. G M Knitting Industries Pvt. Ltd…

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CIT v. Panama Chemicals Works (292 ITR 147) — Cited in 22 Judgments | BharatTax