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“Section 119(2)(b)”

Section References (mined)Section 119Section 119(2)(b)679 judgments

The decision most relied on for Section 119(2)(b) is CIT v. G.M. Knitting Industries (P.) Ltd. (376 ITR 456), cited in 221 judgments on BharatTax.

Leading authorities on Section 119(2)(b)

CIT v. G.M. Knitting Industries (P.) Ltd.
376 ITR 456 · 2015 · Supreme Court
221
citing judgments

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.

CIT v. Gujarat Oil & Allied Industries
201 ITR 325 · 1993 · High Court
195
citing judgments

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.

PCIT v. Wipro Ltd.
140 Taxmann.com 223 · 2022 · Supreme Court
192
citing judgments

Exemption provisions under Chapter III, such as Section 10B(8), must be interpreted strictly, and any claim for such exemptions must be made in the return of income. The principles governing Chapter III (incomes not forming part of total income) differ from those for Chapter VIA (deductions in computing total income).

CIT v. Contimeters Electricals (P.) Ltd.
317 ITR 249 · 2009 · High Court
140
citing judgments

The requirement to file an audit report along with the return of income under section 80-IA(7) and similar provisions is directory, not mandatory. Such a report suffices if filed at any time before the assessment is framed.

Sarvodaya Charitable Trust v. ITO (Exemption)
125 Taxmann.com 75 · 2021 · High Court
129
citing judgments

The filing of Form 10B for claiming exemption under sections 11 and 12 is directory, not mandatory. A delay in filing Form 10B can be condoned, and exemption cannot be denied solely on this ground if the assessee satisfies other conditions and shows sufficient cause.

CIT v. Shivanand Electronics
209 ITR 63 · 1994 · High Court
100
citing judgments

The requirement to file an audit report along with the return of income for claiming specified deductions, such as under Section 80J or 80-IA, is directory and not mandatory. Such an audit report can be filed at any time before the assessment is framed or completed under Section 143(1).

Duggal & Co. v. CIT
220 ITR 456 · 1996 · High Court
84
citing judgments

An assessment order becomes erroneous and prejudicial to the revenue under Section 263 if the Assessing Officer fails to conduct a proper inquiry or investigation, even if the return appears prima facie correct. The Income-tax Officer has a duty to investigate and cannot remain passive.

AA520 Veerappampalayam Primary Agricultural Cooperative Credit Society Ltd. v. Deputy Commissioner of Income Tax
138 Taxmann.com 571 · 2022 · High Court
78
citing judgments

The Centralized Processing Centre (CPC) can deny deductions claimed under Chapter VI-A, such as Section 80P, during the processing of a return under Section 143(1) if conditions for claiming such deductions, including filing the return by the due date as per Section 80AC, are not met.

Judgments citing Section 119(2)(b)

K 1364 Veerasolapuram Primary Agricultural Co Op Credit Society Limited, Tirupur vs. The Income Tax Officer, Ward 1(4) Tirupur, Tirupur

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

ITA 3790/CHNY/2025[2019-20]Status: DisposedITAT Chennai13 Mar 2026AY 2019-20

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.3790/Chny/2025 िनधा"रण वष"/Assessment Year: 2019-20 K 1364 Veerasolapuram Primary Vs. The Income Tax Officer, Agricultural Co Op Credit Society Ward 1(4), Limited, Veerasolapuram Po, Tirupur. Kangayam Tk. Tiruppur, Tamil Nadu, 638701. [Pan:Aabak4255B] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. A. Vijayalakshmi, C.A. (Virtual) ""थ" की ओर से/Respondent By : Ms. Gouthami Manivasagam, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 17.02.2026 घोषणा की तारीख /Date Of Pronouncement : 13.03.2026 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 24.10.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For Assessment Year 2019-20. 2. At The Outset, It Was Submitted By The Ld Ar Ms. A. Vijayalakshmi, C.A. That The Authorities Below, Ignoring The Petition Filed By The Assessee

For Appellant: Ms. A. Vijayalakshmi, C.A. (virtual)For Respondent: Ms. Gouthami Manivasagam, Addl. CIT
Section 119(2)(b)Section 139Section 80P(2)(a)

Vijayalakshmi, C.A. that the authorities below, ignoring the petition filed by the assessee 2 I.T.A. No.3790/Chny/25 under section 119(2)(b) of the Income Tax Act, 1961 [“Act” in short], denied the exemption claimed under section 80P(2)(a)(i) of the Act. She referred to ground No.5 and prayed ... remand the matter to the file of Assessing Officer with the direction to await the result in the petition filed under section 119(2)(b) of the Act and decide this issue of claim under section 80P(2)(a)(i) of the Act. 3. The ld. DR Ms. Gouthami Manivasagam

Shri. John Kishore, Tamil Nadu vs. Assessing Officer, Madurai

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

ITA 4090/CHNY/2025[2020-21]Status: DisposedITAT Chennai02 Mar 2026AY 2020-21

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 4090/Chny/2025 िनधा"रण वष"/Assessment Year: 2020-21 Shri John Kishore, The Deputy Commissioner No.13, Munsif Court South Vs. Of Income Tax, Street, Sattur, Non-Corporate Circle 2, Virudhunagar – 626 203. Madurai Pan: Aztpj 1241L (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri S.P. Chidambaram, Advocate ""यथ" क" ओर से/Respondent By : Shri Aroon Praasad, Addl.Cit सुनवाई क" तारीख/Date Of Hearing : 26.02.2026 घोषणा क" तारीख/Date Of Pronouncement : 02.03.2026 आदेश/ O R D E R Per George George K: This Appeal Filed By The Assessee Is Directed Against The Addl./Jcit(A)’S, Indore Order Dated 09.10.2025 Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). The Relevant Assessment Year Is 2020-21. :- 2 -: 2. The Solitary Issue That Is Raised Is Whether The First Appellate Authority (Faa) Had Erred In Law & On Facts In Not Granting Foreign Tax Credit (Ftc) Of Rs.5,73,078/-.

For Appellant: Shri S.P. Chidambaram, AdvocateFor Respondent: Shri Aroon Praasad, Addl.CIT
Section 119(2)(b)Section 139(1)Section 139(5)Section 143(1)Section 154Section 250Section 90

above, it is apparent that unless there is an order condoning the delay in filing Form No. 67 by the PCIT under Section 119(2)(b), such Form No. 67 can't be taken into consideration and the relief u/s. 90/91 cannot be allowed by the Appellate Authority even