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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)

V.C. Medical, Educational and Charitable Trust, Palani vs. ITO, Ward-1, Dindigul

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

ITA 1114/CHNY/2025[2021-22]Status: DisposedITAT Chennai25 Jul 2025AY 2021-22

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.1114/Chny/2025 िनधा"रण वष"/Assessment Year: 2021-22 V.C. Medical, Educational & Vs. The Income Tax Officer, Charitable Trust, 72-B, Dindugal Ward 1, Road, Palani 624 601. Dindigul. [Pan:Aaatv4282H] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri T.S. Lakshmi Venkataraman, F.C.A. ""थ" की ओर से/Respondent By : Ms. R. Anita, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 03.07.2025 घोषणा की तारीख /Date Of Pronouncement : 25.07.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 10.01.2025 Passed By The Addl/Jcit(A)-3, Mumbai For The Assessment Year 2021-22. 2. We Find That This Appeal Is Filed With A Delay Of 21 Days. The Assessee Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said Affidavit, We Find The Reasons Stated By The Assessee Are Bonafide, Which Really

For Appellant: Shri T.S. Lakshmi Venkataraman, F.C.AFor Respondent: Ms. R. Anita, Addl. CIT
Section 11Section 119(2)(b)Section 154

submits that the delay condonation petition dated 16.11.2024 was allowed by the ld. CIT(E) condoning the delay in filing Form 10B under section 119(2)(b) of the Act and referred to enclosure 1. He submits that the assessee is entitled for 3 I.T.A. No.1114/Chny/25 exemption under section

Shri Panchtalavada Seva Sahkari Mandli Limited, Amreli vs. The ITO Ward-3(1)(4), Rajkot-Amreli., Amreli

In the result, this appeal of the assessee is dismissed as withdrawn

ITA 118/RJT/2025[2019-20]Status: DisposedITAT Rajkot23 Jul 2025AY 2019-20

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./ Ita No.118/Rjt/2025 Assessment Year: 2019-20 Shri Panchtalavada Seva Sahkari Income Tax Officer, Ward – बनाम Mandali Ltd. 3(1)(4), Rajkot-Amreli, Panchtalavada, Amreli–3650220, Ganga Bhauvan, Keriya /Vs. Gujarat Road, Amreli–365 560 "थायीलेखासं /.जीआइआरसं . / Pan/Gir No.: Aaxas 4713 J (अपीलाथ"/Appellant) : (""यथ"/Respondent) "नधा"रती क" ओर से/Assessee By : Ms. Devina Patel, Ld.Ar राज"व क" ओर से/Revenue By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr सुनवाई क" तार"ख /Date Of Hearing : 23/07/2025 घोषणा क" तार"ख /Date Of Pronouncement : 23/07/2025 आदेश / O R D E R Dr. Arjun Lal Saini, Am: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2019-20, Is Directed Against The Order Passed, Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’), By The Learned Commissioner Of Income Tax (Appeal) Addl/Jcit(A)-2, Hyderabad Dated 06.01.2025, Which In Turn Arises, Out Of An Assessment Order Passed By The Centralized Processing Centre (Cpc)/Assessing Officer, U/S 143(1) Of The Act Dated 08.02.2021. 2. At The Outset, Learned Counsel Appearing On Behalf Of The Assessee Has Stated That The Assessee Wants To Withdraw The Present Appeal Because Condonation Of Delay For Filing Income Tax Return U/S 119(2)(B) Of The Act Has Been Condoned Sh. Pssm Ltd.

For Appellant: Ms. Devina Patel, Ld.ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. DR
Section 119(2)(b)Section 143(1)Section 250

आयकर अपीलीय अिधकरण,राजकोट "यायपीठ,राजकोट। IN THE INCOME TAX APPELLATE TRIBUNAL, RAJKOT BENCH, RAJKOT BEFORE DR. ARJUN LAL SAINI

The Dharapuram Agricultural Producers Cooperative Marketing Society Limited, Tirupur vs. The Income Tax Officer, Ward 2(4) Tirupur, Tirupur

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

ITA 1270/CHNY/2025[2019-20]Status: DisposedITAT Chennai17 Jul 2025AY 2019-20

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.1270/Chny/2025 िनधा"रण वष"/Assessment Year: 2019-20 The Dharapuram Agricultural Producers Vs. The Income Tax Officer, Cooperative Marketing Society Limited, Ward 2(4), New No. 487, Old No. 280, Tirupur. Chinnakadai Street, Opp. Arasamaram Stop, Dharapuram, Tiruppur 638 702. [Pan:Aabat8601Q] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. A. Vijayalakshmi, Ca (Virtual) ""थ" की ओर से/Respondent By : Ms. V. Supraja, Addl.Cit सुनवाई की तारीख/ Date Of Hearing : 15.07.2025 घोषणा की तारीख /Date Of Pronouncement : 17.07.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 13.03.2025 Passed By The Addl./Jcit(A)-1, Visakhapatnam For The Assessment Year 2019-20. 2. The Assessee Raised 4 Grounds Of Appeal Amongst Which, The Only Issue Emanates For Our Consideration As To Whether The Ld. Cit(A)

For Appellant: Ms. A. Vijayalakshmi, CA (virtual)For Respondent: Ms. V. Supraja, Addl.CIT
Section 119(2)(b)Section 139(1)Section 139(4)Section 143(1)Section 80ASection 80P

Nadu Co- operative Societies Act, the ld. CCIT condoned the delay in filing the return of income vide his order dated 28.03.2025 under section 119(2)(b) of the Act. 5. The ld. AR submits that with regard to the delay in filing the appeal before