Case Law Details
Sanjay Kukreja Vs ACIT (ITAT Delhi)
In the case of Sanjay Kukreja Vs ACIT, ITAT Delhi adjudicated on the mandatory nature of filing Form 10CCB before the due date as per Section 139(1). The appeal was against the denial of deduction claimed under Section 80-IA of the Income Tax Act for non-compliance.
Detailed Analysis
The crux of the matter revolved around whether filing Form 10CCB along with the return of income before the due date specified under Section 139(1) is mandatory or merely directory. The Assessee argued that it is directory, citing various judgments, including those of jurisdictional High Courts.
The Tribunal observed the precedent set by the Delhi High Court and other High Courts, affirming that the requirement of filing the audit report along with the return is directory, not mandatory. As long as the audit report is submitted before the assessment is completed, it meets the conditions laid down under the relevant section.
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