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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)

Makevale Acrylics Private Limited, Vadodara vs. The ADIT, CPC Bengaluru Present Juridiction the DCIT, Circle-2(1)(1), Vadodara

In the result, the appeal of the Assessee is treated as allowed for statistical purposes

ITA 566/AHD/2023[2021-22]Status: DisposedITAT Ahmedabad12 Aug 2024AY 2021-22

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.566/Ahd/2023 "नधा"रण वष" /Assessment Year : 2021-22 Makevale Acrylics Pvt.Ltd. The Adit, Cpc Bengaluru बनाम/ 372, 373, 374, 1,2 Sankarda Present Jurisdiction - Bhadarwa Road The Dcit, Circle-2(1)(1), V/S. At Moxi, Tal.Savli, Vadodara – 390 007 Vadodara- 391 780 (Gujarat) "थायी लेखा सं./Pan: Aafcm 2737 E अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Ms. Amrin Pathan, Ar Revenue By : Shri Ashok Natha Bhalekar, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 08/08/2024 घोषणा क" तार"ख /Date Of Pronouncement: 12/08/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: This Appeal Is Filed By The Assessee As Against The Order Dated 27/05/2023 Passed By The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)” In Short] Arising Out Of The Assessment Order Dated 13/11/2022 Passed By The Assessing Officer (Ao) Under Section 143(1) Of The Income Tax Act, 1961 Makevale Acrylics Pvt.Ltd. Vs. The Adit, Cpc Bengaluru Present Jurisdiction The Dcit, Circle-2(1)1A) Asst. Year : 2021-22

For Appellant: Ms. Amrin Pathan, ARFor Respondent: Shri Ashok Natha Bhalekar, Sr.DR
Section 115BSection 115JSection 139(1)Section 143(1)Section 143(1)(a)Section 36(1)(va)

genuine hardship to the domestic companies in exercising the option u/s 115BAA of the Act, CBDT in exercise of the powers conferred under section 119(2)(b) of the Act, hereby directs that: - The delay in filing of Form No. 10-IC as per Rule 21AE of the Rules

Sri Lakshminarayan Educational Trust, Dharmapuri vs. ACIT(Exemptions), Coimbatore

In the result the appeal of the assessee is allowed for the statistical purposes

ITA 1435/CHNY/2024[2018-19]Status: DisposedITAT Chennai09 Aug 2024AY 2018-19

Bench: Shri Mahavir Singh, Hon’Ble & Shri S.R.Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 1435/Chny/2024 िनधा"रणवष" / Assessment Year: 2018-19 Sri Lakshminarayan Assistant Commissioner Of Educational Trust, V. Income Tax (Exemptions), 14/1, Bye Pass Road Coimbatore. Dharmapuri, Dharmapuri – 636 701. [Pan: Aahts-0652-B] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri. H. Yeshwanth Kumar, Ca : Smt. M.S. Deeptha, Jcit ""यथ"क"ओरसे/Respondent By सुनवाई क" तारीख/Date Of Hearing : 08.08.2024 घोषणा क" तारीख/Date Of Pronouncement : 09.08.2024 आदेश /O R D E R

For Appellant: Shri. H. Yeshwanth Kumar, CA
Section 11Section 119Section 119(2)Section 12ASection 143Section 143(1)

Section 119 empowers the Board to issue orders and guidelines regarding the condonation of delay in compliance with any provision of the Act. Section 119(2) reads as follows: Section 119(2) (a) (b) the Board may, if it considers it desirable or expedient so to do for avoiding genuine ... 16/2022 dated 19th July, 2022. The relevant excerpts from Circular No. 16/2022 dated 19th July, 2022 are as follows: Condonation of delay under Section 119(2)(b) of the Income-tax Act, 1961 in filing of Form No. 10B for Assessment Year 2018-19 and subsequent years Reg. In exercise

Bcda Members Benevolent Trust, Kolkata vs. ITO, Ward-1(2), Exemption, Kolkata

In the result, the appeal of the assessee is partly allowed for statistical purposes

ITA 787/KOL/2024[2020-21]Status: DisposedITAT Kolkata24 Jul 2024AY 2020-21

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A. No.787/Kol/2024 Assessment Year: 2020-21 Bcda Members Benevolent Trust ………. Appellant (Pan: Aabtb0860C) Vs. Income Tax Officer, Ward-1(2), Kolkata ………… Respondent Appearances By: Shri Rip Das, Ar Appeared For Appellant. Shri P. P. Barman, Addl. Cit, Sr. Dr Appeared For Respondent. Date Of Concluding The Hearing : 08.07.2024 Date Of Pronouncing The Order : 24.07.2024 Order Per Dr. Manish Borad: This Appeal Filed By The Assessee Pertaining To The Assessment Year (In Short “Ay”) 2020-21 Is Directed Against The Order Passed U/S 250 Of The Income Tax Act, 1961 In Short The “Act”) By Ld. Commissioner Of Income-Tax (Appeal), National Faceless Appeal Centre (Nfac), Delhi [In Short Ld. “Cit(A)”] Dated 07.03.2024 Arising Out Of The Rectification Order Passed U/S 154 Of The Act By Ao, Cpc Dated 26.04.2022. 2. Grounds Of Appeal Raised By The Assessee Read As Under:

Section 10Section 11Section 12ASection 143(1)Section 154Section 234ASection 234FSection 250

have the power to extend the due date of filing the return of income. The remedy available with the assessee is in section 119(2) of the Act under which the assessee can file application to the Board through the jurisdictional Commissioner of Income Tax for condoning the delay