DELHI – VI v. WEB COMMERCE (INDIA) PVT. LTD
Case at a glance
Outcome
Dismissed
The appeal is dismissed
Provisions considered
- Income Tax Act, 1961 s. 10B(5)
Key paragraphs
- Para 22. This Court has already interpreted the latter provisions and has held the same to be directory and not mandatory. The contention of the revenue was that unless and until the audit report is filed along with the return, the benefit of Section 10A cannot…
Judgment
Judgment
#1. In the present appeal the appellant seeks to raise the question of interpretation with regard to the provisions of Section 10B (5) of the Income Tax Act, 1961 (hereinafter referred to as the ‘said Act’). The said provision is virtually identical to the provisions of Section 80IA (7) as also 80HHB (3) (ia). It is also identical to the erstwhile provisions of Section 80J(6A) of the said Act. ITA No. 552/2008 Page No.1 of 2
#2. This Court has already interpreted the latter provisions and
has held the same to be directory and not mandatory. The contention of the revenue was that unless and until the audit report is filed along with the return, the benefit of Section 10A cannot be available to the assessee. Recently, we have considered the identical provisions of Section 80IA (7) in the case of CIT v. Contimeters Electricals Private Limited: ITA 1366/2008 decided on 02.12.2008 and held that as long as the audit report is filed before the framing of the assessment, the provisions of Section 80IA (7) would be complied with inasmuch as the same are directory and not mandatory. A similar view would have to be taken in the present case also inasmuch as the provisions are the same. Consequently, we do not find any fault with the conclusions arrived at by the Tribunal. No substantial question of law arises for our consideration. The appeal is dismissed. BADAR DURREZ AHMED, J December 12, 2008 SR RAJIV SHAKDHER, J ITA No. 552/2008 Page No.2 of 2
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The appeal is dismissed
Which statutory provisions did this judgment involve?
Income Tax Act, 1961 — s. 10B(5).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.