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<h1>Delhi HC: Section 10B(5) of Income Tax Act directory, not mandatory. Appeal dismissed.</h1> The Delhi HC held Section 10B(5) of the Income Tax Act as directory, not mandatory, along with Sections 80IA(7) and 80HHB(3)(ia). The appeal was dismissed ... Interpretation of S. 10B (5) which is virtually identical to the provisions of Section 80IA (7) as also 80HHB (3) (ia) - Denial of claim for deduction u/s 80-IA by Commissioner (A) - 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 – tribunal’s order require no interference – revenue’s appeal dismissed The Delhi High Court, in the case of interpretation of Section 10B (5) of the Income Tax Act, held it to be directory, not mandatory. Similar provisions under Sections 80IA (7) and 80HHB (3)(ia) were also considered as directory. The court dismissed the appeal, stating no substantial question of law arises.
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