Tag Archives: IN THE ITAT JODHPUR BENCH

Rejection of books and unexplained cash additions under Section 69A are unsustainable when turnover is accepted.

By | September 25, 2026
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Rejection of books and unexplained cash additions under Section 69A are unsustainable when turnover is accepted. Rejection of books and unexplained cash additions under Section 69A are unsustainable when turnover is accepted. Issue Whether rejection of books of accounts under Section 145(3) is valid without identifying specific defects or independently estimating business profits, when disclosed… Read More »

Absence of State registration or procedural defects cannot permanently bar Section 12AB and Section 80G approvals.

By | September 22, 2026
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Absence of State registration or procedural defects cannot permanently bar Section 12AB and Section 80G approvals. Absence of State registration or procedural defects cannot permanently bar Section 12AB and Section 80G approvals. Issue Whether rejection of Section 12AB registration and Section 80G approval solely on grounds of non-registration under the Rajasthan Public Trust Act, 1959,… Read More »

Filing Return in Form ITR-7 Without Examination of Excluded Income Cannot Justify Rejection of Trust Registration

By | September 15, 2026
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Filing Return in Form ITR-7 Without Examination of Excluded Income Cannot Justify Rejection of Trust Registration Filing Return in Form ITR-7 Without Examination of Excluded Income Cannot Justify Rejection of Trust Registration Issue Whether the mere filing of returns in Form ITR-7 by an assessee-trust conclusively proves that it availed exemption under Sections 11 and… Read More »

Rejection of books, closing stock revaluation, and cash deposit additions are unsustainable when supported by books and AS-2 compliance

By | September 3, 2026
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Rejection of books, closing stock revaluation, and cash deposit additions are unsustainable when supported by books and AS-2 compliance Issue Whether, for Assessment Year 2017-18: Rejection of books of account under Section 145(3) and addition to business income by revaluing closing stock at an alternative NRV is sustainable when the assessee valued damaged stock at… Read More »

Registration Under Rajasthan Public Trust Act Cannot Be Mandatory If Section 77(1) Statutory Exclusion Applies

By | September 3, 2026
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Registration Under Rajasthan Public Trust Act Cannot Be Mandatory If Section 77(1) Statutory Exclusion Applies Issue Registration Under Rajasthan Public Trust Act Cannot Be Mandatory If Section 77(1) Statutory Exclusion Applies Whether registration under the Rajasthan Public Trust Act, 1959 (RPT Act) can be insisted upon as a mandatory prerequisite for granting registration under Section… Read More »

Absence of state trust registration, summary rejection on genuineness, and procedural defects are curable, warranting restoration and fresh adjudication on substantive merits under Section 12AB and Section 80G.

By | September 3, 2026
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Absence of state trust registration, summary rejection on genuineness, and procedural defects are curable, warranting restoration and fresh adjudication on substantive merits under Section 12AB and Section 80G. Issue Whether rejection of registration under Section 12AB and approval under Section 80G on grounds of absence/delay in State Trust registration, summary findings on genuineness without cogent… Read More »

Unexplained investment under Section 69 must be assessed in the financial year when payments were actually made, not when registered deed is executed.

By | September 2, 2026
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Unexplained investment under Section 69 must be assessed in the financial year when payments were actually made, not when registered deed is executed. Unexplained investment under Section 69 must be assessed in the financial year when payments were actually made, not when registered deed is executed. Issue Whether an unexplained investment under Section 69 of… Read More »

Renewal of Section 12AB registration cannot be rejected merely for citing an incorrect sub-clause when valid registration exists.

By | September 2, 2026
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Renewal of Section 12AB registration cannot be rejected merely for citing an incorrect sub-clause when valid registration exists. Issue Whether the Commissioner of Income Tax (Exemption) [CIT(E)] was justified in rejecting the assessee-trust’s application for renewal of registration under Section 12A(1)(ac)(ii) on the ground that it lacked pre-01.04.2021 registration, even though a valid and subsisting… Read More »

CIT(E) Must Grant Section 12AA Registration for Pre-Amendment Application and Restore Exemption Benefits

By | September 2, 2026
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CIT(E) Must Grant Section 12AA Registration for Pre-Amendment Application and Restore Exemption Benefits Issue Whether a registration application validly filed under Section 12AA prior to statutory amendments can be arbitrarily converted by the CIT(E) into a limited-period Section 12AB registration upon remand, and consequently, whether exemption under Sections 11 and 12 can be denied for… Read More »

Delay Condone and TDS Demands/Penalties Deleted as Compliance Followed Judicial Restraint Against LFC Tax Deductions

By | September 1, 2026
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Delay Condone and TDS Demands/Penalties Deleted as Compliance Followed Judicial Restraint Against LFC Tax Deductions Issue Whether a 131-day delay in filing an appeal can be condoned under Section 253 when caused by e-filing credential issues following centralization, without mala fide intent. Whether an assessee-bank can be treated as an assessee-in-default under Section 201(1)/201(1A) for… Read More »