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“Section 119(2)(a)”

Section References (mined)Section 119Section 119(2)(a)98 judgments

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

Leading authorities on Section 119(2)(a)

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)(a)

Andhra Pradesh Expressway Limited, Mumbai City vs. Income Tax Officer, Ward 1(1)(1), Mumbai

In the result, appeals of the assessee are partly allowed and appeals of the revenue are dismissed

ITA 1526/MUM/2023[2015-16]Status: DisposedITAT Mumbai25 Aug 2023AY 2015-16
For Appellant: Shri Ajay VohraFor Respondent: Ms. N. V. Nadkarni (DR)
Section 32(1)(ii)

statutory powers under section 119 of the Income-tax Act which are binding on the authorities it the administration of the Act. Under section 119(2)(a), however, the circulars as contemplated therein cannot be adverse to the assessee. Thus the authority which wields the power for its own advantage

M/S Andhra Pradesh Expressway Limited, Mumbai vs. Additional/Joint/Deputy/Assistant Commissioner of Income Tax/Income Tax Officer. National E-Assessment Centre, Delhi

In the result, appeals of the assessee are partly allowed and appeals of the revenue are dismissed

ITA 1525/MUM/2023[2018-2019]Status: DisposedITAT Mumbai25 Aug 2023AY 2018-2019
For Appellant: Shri Ajay VohraFor Respondent: Ms. N. V. Nadkarni (DR)
Section 32(1)(ii)

statutory powers under section 119 of the Income-tax Act which are binding on the authorities it the administration of the Act. Under section 119(2)(a), however, the circulars as contemplated therein cannot be adverse to the assessee. Thus the authority which wields the power for its own advantage

Income Tax Officer-1(1)(1), Mumbai vs. Andhra Pradesh Expressway Limited, Mumbai

In the result, appeals of the assessee are partly allowed and appeals of the revenue are dismissed

ITA 1523/MUM/2023[2018-2019]Status: DisposedITAT Mumbai25 Aug 2023AY 2018-2019
For Appellant: Shri Ajay VohraFor Respondent: Ms. N. V. Nadkarni (DR)
Section 32(1)(ii)

statutory powers under section 119 of the Income-tax Act which are binding on the authorities it the administration of the Act. Under section 119(2)(a), however, the circulars as contemplated therein cannot be adverse to the assessee. Thus the authority which wields the power for its own advantage

Income Tax Officer-1(1)(1), Mumbai vs. Andhra Pradesh Expressway Limited, Mumbai

In the result, appeals of the assessee are partly allowed and appeals of the revenue are dismissed

ITA 1522/MUM/2023[2011-2012]Status: DisposedITAT Mumbai25 Aug 2023AY 2011-2012
For Appellant: Shri Ajay VohraFor Respondent: Ms. N. V. Nadkarni (DR)
Section 32(1)(ii)

statutory powers under section 119 of the Income-tax Act which are binding on the authorities it the administration of the Act. Under section 119(2)(a), however, the circulars as contemplated therein cannot be adverse to the assessee. Thus the authority which wields the power for its own advantage

Income Tax Officer-1(1)(1), Mumbai vs. Andhra Pradesh Expressway Limited, Mumbai

In the result, appeals of the assessee are partly allowed and appeals of the revenue are dismissed

ITA 1521/MUM/2023[2015-2016]Status: DisposedITAT Mumbai25 Aug 2023AY 2015-2016
For Appellant: Shri Ajay VohraFor Respondent: Ms. N. V. Nadkarni (DR)
Section 32(1)(ii)

statutory powers under section 119 of the Income-tax Act which are binding on the authorities it the administration of the Act. Under section 119(2)(a), however, the circulars as contemplated therein cannot be adverse to the assessee. Thus the authority which wields the power for its own advantage

Income Tax Officer-1(1)(1), Mumbai vs. Andhra Pradesh Expressway Ltd, Mumbai

In the result, appeals of the assessee are partly allowed and appeals of the revenue are dismissed

ITA 1000/MUM/2023[2012-13]Status: DisposedITAT Mumbai25 Aug 2023AY 2012-13
For Appellant: Shri Ajay VohraFor Respondent: Ms. N. V. Nadkarni (DR)
Section 32(1)(ii)

statutory powers under section 119 of the Income-tax Act which are binding on the authorities it the administration of the Act. Under section 119(2)(a), however, the circulars as contemplated therein cannot be adverse to the assessee. Thus the authority which wields the power for its own advantage

Shri Ishak, Indore vs. The ITO 5(4), Indore

In the result, the appeal filed by the assesse is allowed

ITA 13/IND/2023[2011-12]Status: DisposedITAT Indore24 Aug 2023AY 2011-12

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanishri Ishak Ito 5(4) Kasturbagram S.O. Mundla Indore Vs. Nayata, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Akxpi 6044 D Assessee By Shri Milind Wadhwani, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 21.08.2023 Date Of Pronouncement 24.08.2023

Section 144Section 147Section 154

statutory powers under section 119 of the Income-tax Act, which are binding on the authorities in the administration of the Act. Under section 119(2)(a) , however, the circulars as contemplated therein cannot be adverse to the assessee. Thus, the authority which wields the power for its own advantage

Ketan Tokershi Shah, Mumbai vs. DCIT, CC--2, Thane

The appeal of the assessee is allowed

ITA 1107/MUM/2023[2016-17]Status: DisposedITAT Mumbai26 Jul 2023AY 2016-17

Bench: Vikas Awasthy () & Ms. Padmavathy S. ()

Section 143(2)Section 68

statutory powers under section 119 of the Income-tax Act, which are binding on the authorities in the administration of the Act. Under section 119(2)(a), however, the circulars as contemplated therein cannot be adverse to the assessee. Thus, the authority which wields the power for its own advantage

Shiksha Vibhag Karmchari Sahkari Samiti Limited, Bundi vs. ITO, Bundi

In the result, the appeal of the assessee is allowed

ITA 272/JPR/2022[2019-2020]Status: DisposedITAT Jaipur05 Apr 2023AY 2019-2020

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri S.L. Podar (Adv.)For Respondent: Shri A.S. Nehra (Addl. CIT)
Section 139(4)Section 143(1)Section 80P

which ld. AR of the assessee heavily relied upon is reproduced here in below:- 11 Shiksha vibhag Karmchari Sahkari Samiti Ltd. “Order under Section 119(2)(a) of the Income-tax Act, 1961 That date for furnishing of income-tax returns under section 139 of the Income ... taxpayers due to the outbreak of COVID-19 Pandemic, the Central Board of Direct Taxes (CBDT), in exercise of powers conferred under section 119(2)(a) of the Act, hereby, further extends the date for furnishing of belated and revised returns for the Assessment year 2019- 20 under sub-section

Shri Shitalbhai Rasiklal Ravani & Smt. Bhavnaben Shitalbhai Ravani, Rajkot vs. The Chief CIT, TDS, Ahmedabad

In the result, both the appeals of the applicants are dismissed

ITA 23/RJT/2020[2016-17]Status: DisposedITAT Rajkot15 Feb 2023AY 2016-17

Bench: Us, The Same Are Being Disposed Of By Way Of A Common Order.

For Appellant: Written SubmissionFor Respondent: Shri Shramdeep Sinha, Sr. D.R
Section 119(2)(a)Section 201Section 201(1)Section 220

arise from order of the Chief Commissioner of Income Tax (TDS) CCIT, TDS, Ahmedabad dated 20-12-2019, in proceedings under section 119(2)(a) r.w.s. 201(1A) and 220(2A) of the Income Tax Act, 1961; in short “the Act”. 2. These are appeals filed by Ms Bhavna Shital ... note below ). . . 1,45,203/-” Shri Shital Rasiklal Ravani has taken the following grounds of appeal: “a. Original (joint names) order under section 119(2)(a) read with section 201 (IA) and 220(2A) by the learned Chief C.I.T. (TDS), Ahmedabad for waiver of interest is erroneous

Smt. Bhavnaben Shitalbhai Ravani, Rajkot vs. The ITO(TDS-2), Rajkot

In the result, both the appeals of the applicants are dismissed

ITA 22/RJT/2020[2016-17]Status: DisposedITAT Rajkot15 Feb 2023AY 2016-17

Bench: Us, The Same Are Being Disposed Of By Way Of A Common Order.

For Appellant: Written SubmissionFor Respondent: Shri Shramdeep Sinha, Sr. D.R
Section 119(2)(a)Section 201Section 201(1)Section 220

arise from order of the Chief Commissioner of Income Tax (TDS) CCIT, TDS, Ahmedabad dated 20-12-2019, in proceedings under section 119(2)(a) r.w.s. 201(1A) and 220(2A) of the Income Tax Act, 1961; in short “the Act”. 2. These are appeals filed by Ms Bhavna Shital ... note below ). . . 1,45,203/-” Shri Shital Rasiklal Ravani has taken the following grounds of appeal: “a. Original (joint names) order under section 119(2)(a) read with section 201 (IA) and 220(2A) by the learned Chief C.I.T. (TDS), Ahmedabad for waiver of interest is erroneous

Shri H.K. Suresh, Bengaluru vs. The Principal Commissioner of Income Tax (Central), Bengaluru

In the result, the appeal by the assessee is allowed

ITA 625/BANG/2021[2011-12]Status: DisposedITAT Bangalore06 Dec 2022AY 2011-12

Bench: Shri George George K. & Ms. Padmavathy Sassessment Year: 2011-12

For Appellant: Shri Hemant Pai, CAFor Respondent: Smt. Vandana Ramachandan, CIT(TP1)(DR)(ITAT)
Section 143(3)Section 147Section 263

statutory powers under section 119 of the Income- tax Act, which are binding on the authorities in the administration of the Act. Under section 119(2)(a) , however, the circulars as contemplated therein cannot be adverse to the assessee. Thus, the authority which wields the power for its own advantage

Intrado Ec India Private Limited, Bengaluru vs. DCIT-Circle-3(1)(1), Bangalore

In the result, the appeal of the assessee is allowed

ITA 239/BANG/2021[2016-17]Status: DisposedITAT Bangalore09 Nov 2022AY 2016-17

Bench: Smt. Beena Pillai & Ms. Padmavathy S

For Appellant: Shri T. Suryanarayana, AdvocateFor Respondent: Shri K. Sankar Ganesh, Jt. CIT(DR)(ITAT)
Section 143(3)Section 153Section 2CSection 40Section 92C

statutory powers under section 119 of the Income-tax Act, which are binding on the authorities in the administration of the Act. Under section 119(2)(a) , however, the circulars as contemplated therein cannot be adverse to the assessee. Thus, the authority which wields the power for its own advantage

Dilip Kothari, Bengaluru vs. Principal Commissioner of Income Tax (Central), Bangalore

In the result, all three appeals are partly allowed

ITA 405/BANG/2022[2016-17]Status: DisposedITAT Bangalore31 Oct 2022AY 2016-17

Bench: Shri George George K. & Ms. Padmavathy S

For Appellant: Shri Narendra Kumar Jain, AdvocateFor Respondent: Shri K. Sankar Ganesh, Jt.CIT(DR)(ITAT), Bengaluru
Section 132Section 153CSection 263

statutory powers under section 119 of the Income-tax Act, which are binding on the authorities in the administration of the Act. Under section 119(2)(a) , however, the circulars as contemplated therein cannot be adverse to the assessee. Thus, the authority which wields the power for its own advantage

Dilip Kothari, Bengaluru vs. Principal Commissioner of Income Tax (Central), Bangalore

In the result, all three appeals are partly allowed

ITA 404/BANG/2022[2015-16]Status: DisposedITAT Bangalore31 Oct 2022AY 2015-16

Bench: Shri George George K. & Ms. Padmavathy S

For Appellant: Shri Narendra Kumar Jain, AdvocateFor Respondent: Shri K. Sankar Ganesh, Jt.CIT(DR)(ITAT), Bengaluru
Section 132Section 153CSection 263

statutory powers under section 119 of the Income-tax Act, which are binding on the authorities in the administration of the Act. Under section 119(2)(a) , however, the circulars as contemplated therein cannot be adverse to the assessee. Thus, the authority which wields the power for its own advantage

Dilip Kothari, Bengaluru vs. Principal Commissioner of Income Tax (Central), Bangalore

In the result, all three appeals are partly allowed

ITA 403/BANG/2022[2014-15]Status: DisposedITAT Bangalore31 Oct 2022AY 2014-15

Bench: Shri George George K. & Ms. Padmavathy S

For Appellant: Shri Narendra Kumar Jain, AdvocateFor Respondent: Shri K. Sankar Ganesh, Jt.CIT(DR)(ITAT), Bengaluru
Section 132Section 153CSection 263

statutory powers under section 119 of the Income-tax Act, which are binding on the authorities in the administration of the Act. Under section 119(2)(a) , however, the circulars as contemplated therein cannot be adverse to the assessee. Thus, the authority which wields the power for its own advantage

Lokesh Talanki, Bangalore vs. The Assistant Commissioner of Income Tax Circle-2(3)(1), Bangalore

In the result, appeals of the assessee are allowed

ITA 261/BANG/2019[2013-14]Status: DisposedITAT Bangalore13 Apr 2022AY 2013-14

Bench: Shri Beena Pillai & Ms. Padmavathy Sassessment Year : 2013-14

For Appellant: Shri Deepesh Waghale CAFor Respondent: Shri Shehnawaz Ul Rahaman Addln CIT
Section 142(1)Section 143(2)Section 143(3)Section 148Section 234BSection 54F

IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH : BANGALORE BEFORE SHRI BEENA PILLAI, JUDICIAL MEMBER AND MS. PADMAVATHY S, ACCOUNTANT

Addl. CIT, New Delhi vs. M/S. Ircon International Ltd., New Delhi

In the result, the appeal of the Revenue is accordingly dismissed

ITA 3768/DEL/2017[2009-10]Status: DisposedITAT Delhi22 Jan 2021AY 2009-10

Bench: Shri Amit Shukla & Shri O.P. Kant[Through Video Conferencing]

Section 143(3)Section 148

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘C’ NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI O.P