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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)

Konti Infrapower & Multiventures Pvt Ltd, Mumbai vs. ITO 6 (1) (2), Mumbai

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

ITA 3172/MUM/2023[2021-22]Status: DisposedITAT Mumbai03 Jan 2024AY 2021-22

Bench: Shri Pavan Kumar Gadale & Shri Gagan Goyalkonti Infrapower & Vs. Ito – 6(1)(2), Multiventures Pvt Ltd 5Th Floor, 18Th Floor, A Wing Aayakar Bhavan, Marathon Futurex, N.M M.K.Road, Joshi Marg, Lowerparel, Mumbai-400020. Mumbai-400013. Pan/Gir No. : Aaccc0699J Appellant .. Respondent Appellant By : Shri.Jayesh Chobisa.Ar Respondent By : Shi.P.D. Chougule. Sr.Dr Date Of Hearing 27.12.2023 Date Of Pronouncement 01.01.2024 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The National Faceless Appeal Centre (Nfac)/Cit(A), Delhi Passed U/Sec 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri.Jayesh Chobisa.ARFor Respondent: Shi.P.D. Chougule. Sr.DR
Section 115BSection 115JSection 119(2)(b)

Board of Direct Taxes Circular.No.19/2023. New Delhi the 23rd October 2023 Konti Infrapower & Multiventures Pvt Ltd, Mumbai “Sub: Condonation of delay under section 119(2)(b) of the Income-tax Act, 1961 in filing of Form No. 10-IC for Assessment Year 2021-22-Reg. In exercise ... powers conferred under section 119(2)(b) of the Income-tax Act, 1961 ('the Act'), the Central Board of Direct Taxes ('CBDT') by Circular No. 6/2022 of even number dated 17.03.2022 condoned the delay in filing of Form No. 10-IC as per Rule 21AE of the Income-tax Rules

Kuruhinasetty Souharda Credit Cooperative Limited, Bangalore vs. Income Tax Officer Ward-5(2)(1), Banglore

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

ITA 909/BANG/2023[2018-19]Status: DisposedITAT Bangalore02 Jan 2024AY 2018-19

Bench: Shri George George K & Shri Laxmi Prasad Sahuassessment Year : 2018-19 M/S. Kuruhinasetty Souharda Credit Vs. Ito, Co-Operative Ltd., Ward – 5(2)(1), No.5, Sakamma Bhavana, Bengaluru. Vishveshwarapura, Bengaluru – 560 004. Pan : Aabak 4862 G Appellant Respondent Assessee By : Shri. Tarun Kothari, Ca Revenue By : Shri. Subramanian S, Jcit(Dr)(Itat), Bengaluru. Date Of Hearing : 02.01.2024 Date Of Pronouncement : 02.01.2024

For Appellant: Shri. Tarun Kothari, CAFor Respondent: Shri. Subramanian S, JCIT(DR)(ITAT), Bengaluru
Section 119(2)(b)Section 139(1)Section 139(4)Section 143(3)Section 250Section 80ASection 80PSection 80P(2)Section 80P(2)(a)

year ended 31.03.2018, written submissions before the CIT(A), CBDT circular No.13/2023 dated 26.07.2023, copy of the assessee’s application filed under section 119(2)(b) of the Act, before the CCIT, etc. The learned AR submitted that assessee has filed a petition for condoning the delay in filing ... which was introduced w.e.f. 01.04.2018), assessee cannot be allowed deduction under section 80P of the Act. However, assessee has filed application under section 119(2)(b) of the Act before the CCIT, Bangalore, for condonation of delay in filing the return of income. In this context, learned AR had relied