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“Section 119(2)”

Section References (mined)Section 119Section 119(2)554 judgments

The decision most relied on for Section 119(2) is Commissioner of Customs v. Indian Oil Corporation Ltd. (267 ITR 272), cited in 501 judgments on BharatTax.

Leading authorities on Section 119(2)

Commissioner of Customs v. Indian Oil Corporation Ltd.
267 ITR 272 · 2004 · Supreme Court
501
citing judgments

CBDT and CBEC circulars, along with administrative instructions, are binding on departmental authorities, who must not act in contravention of them. However, these circulars and instructions are not binding on courts or assessees.

UCO Bank v. CIT
237 ITR 889 · 1999 · Supreme Court
486
citing judgments

CBDT circulars and instructions, while not binding on courts or assessees, are strictly binding on income-tax departmental authorities, who cannot act in contravention of them.

Gajanan Constructions v. DCIT
74 Taxmann.com 6 · 2016 · ITAT
465
citing judgments

Late fees under section 234E can only be levied prospectively from June 1, 2015. Levying late fees for periods prior to this date is not permissible.

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).

Setty & Others vs. State of Karnataka (7) (1996) 1 SCC 345- Secretary Government of Madras v. P.R. Sriramulu
4 SCC 720 · 2008 · Reported
145
citing judgments

The validity of Section 234E of the Income Tax Act, 1961, inserted by the Finance Act, 2012, is examined by the court.

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.

Judgments citing Section 119(2)

Salt Lake Sanskritik Sansad, Kolkata vs. DCIT, Circle CPC, Bengaluru

In the result, the appeal of the assessee is allowed

ITA 40/KOL/2025[2023-24]Status: DisposedITAT Kolkata30 May 2025AY 2023-24

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. No. 40/Kol/2025 Assessment Year: 2023-2024 Salt Lake Sanskritik Sansad,…………...……Appellant Sector-1, Trust Bhawan, Ca-49, Salt Lake, Kolkata-700064, West Bengal [Pan:Aaets4162K] -Vs.- Deputy Director Of Income Tax,................Respondent Circle Cpc, Bengaluru, Prestige Alpha, Post Bag No. 2, Electronic City Post, Hosur Road, Bangalore-560 100, Karnataka Appearances By: Shri N. Kausic, A.R., Appeared On Behalf Of The Assessee Shri Kallol Mistry, Jcit, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: April 23, 2025 Date Of Pronouncing The Order: May 30, 2025 O R D E R

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

Society is a Charitable Society filed Form 10BB belatedly and the power to condone the delay lies with the Income Tax Officer under section 119(2) of the Act. 2 Salt Lake Sanskritik Sansad 4. On being aggrieved, the assessee preferred an appeal before the ITAT and raised the following ... other hand, ld. Departmental Representative submits that the assessee ought to have filed the condonation petition before the revenue authorities under section 119(2)(b) of the Act as directed by the CBDT vide Circular No. 16/2024 dated 18.11.2024. The assessee has a remedy to approach the authorities under section

Vardayini Co-Operative Housing Society Limited, Pune vs. Income Tax Officer, Ward-2(2), Pune

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

ITA 1991/PUN/2024[2020-21]Status: DisposedITAT Pune29 May 2025AY 2020-21

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1991/Pun/2024 िनधा"रण वष" / Assessment Year : 2020-21 Vardayini Co-Operative Vs. Ito, Ward-2(2), Pune. Housing Society Limited, Plot No.96, Vardayini Sangruh Marva, Pashan Sus Road, Pune- 411021. Pan : Aabav3603Q Appellant Respondent Assessee By : Shri Pramod S. Shingte Revenue By : Shri Arvind Desai Date Of Hearing : 05.03.2025 Date Of Pronouncement : 29.05.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 25.07.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2020-21. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & In The Circumstances Of The Case & In Law, Lower Authorities Have Erred In Considering The Gross Total Income Of Rs. 6,32,09,055/- As Assessed Income Of The Appellant, Without Appreciating The Fact That Out Of This Rs. 5,35,00,000/- Is Already Offered For Taxation & Taxes Due Thereon Are Fully Paid

For Appellant: Shri Pramod S. ShingteFor Respondent: Shri Arvind Desai
Section 139(4)Section 143(2)Section 144Section 80ASection 80PSection 80P(2)(d)

month in which such application is received from the applicant or transferred by the Board. No order rejecting the application under section 119(2)(b) of the Act shall be passed without providing the applicant an opportunity of being heard. Vikas Singh, Director (ITA-1)” However

Bengal Education Foundation, Kolkata vs. ITO, Ward-1(2), Exemption, Kolkata

In the result, the appeal of the assessee is allowed

ITA 199/KOL/2025[2017-18]Status: DisposedITAT Kolkata20 May 2025AY 2017-18

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No.199/Kol/2025 Assessment Year: 2017-18 Bengal Education Foundation…………….………………………..………….……Appellant 17/1, Rishi Bankim Chandra Road, Dum Dum, Kol-28. [Pan: Aactb1869Q] Vs. Ito, Ward-1(2), Exemption, Kolkata…..……....….….. ……………….........…..Respondent Appearances By: Shri Manish Tiwari, Fca, Appeared On Behalf Of The Appellant. Smt. Archana Gupta, Addl. Cit-Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 15, 2025 Date Of Pronouncing The Order : May 20, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 26.12.2024 Of The Commissioner Of Income Tax, Appeal Addl/Jcit(A)-2, Pune [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Brief Facts Of The Case Are That The Assessee Is A Public Charitable Trust & Had Filed Its Return Of Income For The Assessment Year 2022-23 In Itr-7 On 02.11.2022 Under The Status Of Aop/Boi By Declaring Nil Income After Claiming Exemption U/S 11 Of The Act Amounting To Rs.1,15,12,715/-. The Said Return Of Income Was Processed By Cpc & Vide Intimation Order Dated 31.03.2023 A Demand Of Rs.50,28,260/- Had Been Raised After Denying The Assessee’S Claim Of Exemption U/S 11 Of The Act Made In The Return Of Income. Before Passing Of The Intimation Order U/S 143(1) Of The Act, The Cpc Had Sent Communication To The Assessee On 14.02.2023 Intimating The Proposed Adjustments.

Section 11Section 119(2)(b)Section 143(1)Section 250

case took note of the latter circular issued by the Board in Circular No. 16 of 2022 dated 19-07-2022 issued under Section 119(2)(b) by which the powers delegated to the Principal Chief Commissioner of Income Tax/Commissioner of Income Tax to condone the delay in filing Form

Sri Kumawat Samaj Trust, Chennai vs. CIT, Exemptions, Chennai

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

ITA 627/CHNY/2025[2020-21]Status: DisposedITAT Chennai14 May 2025AY 2020-21

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.627/Chny/2025 िनधा"रण वष"/Assessment Year: 2020-21 Sri Kumawat Samaj Trust, Vs. The Commissioner Of No. 14, 1St Floor, Kumarappa Street, Income Tax (Exemptions), Sevenwells, Chennai 600 001. Chennai. [Pan:Aavts7941K] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Naresh Singh Rathore, Ca ""थ" की ओर से/Respondent By : Shri Ar.V. Sreenivasan, Cit सुनवाई की तारीख/ Date Of Hearing : 29.04.2025 घोषणा की तारीख /Date Of Pronouncement : 14.05.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 29.12.2024 Passed By The Ld. Commissioner Of Income Tax (Exemption), Chennai For The Assessment Year 2020-21 Under Section 119(2)(B) Of The Income Tax Act, 1961 [“Act” In Short].

For Appellant: Shri Naresh Singh Rathore, CAFor Respondent: Shri AR.V. Sreenivasan, CIT
Section 111Section 115VSection 119(2)(b)Section 12ASection 132Section 132ASection 139Section 154Section 158BSection 250

directed against the order dated 29.12.2024 passed by the ld. Commissioner of Income Tax (Exemption), Chennai for the assessment year 2020-21 under section 119(2)(b) of the Income Tax Act, 1961 [“Act” in short]. 2. At the outset, we note that the assessee filed delay condonation petition before ... belatedly filing Form No. 10B. The said petition filed under section 119(2)(b) of the Act was dismissed by the 2 I.T.A. No.627/Chny/25 ld. CIT(E). The assessee filed present appeal challenging the action of the ld. CIT(E) is contrary to the law in the facts and circumstances