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    Fresh Section 12AB registration applications remain maintainable despite earlier rejections and require assessment on current statutory conditions.
    Consistency in tax assessment prevents separate taxation of a school whose income was claimed within its educational society.
    Cheque dishonour defences requiring evidence cannot support quashing, and impleading a proprietorship concern does not invalidate the complaint.
    Cheque-dishonour complaints require the claimant to be the payee or holder in due course with lawful entitlement.
    Charitable registration requires evidence of non-genuine activities; renewal proceedings cannot replace the statutory cancellation process.
    Public-benefit charitable objects prevail over incidental member-related activities, supporting Section 12AB registration for the trust.
    Cash sales deposits during demonetisation warranted only a restricted addition, while creditor balance and input VAT deductions were accepted.
    Capital gains relief: qualifying scheme deposits support Section 54 exemption, while land distance and indexation require verification and recomputati...
    EPCG licence compliance remains subject to customs investigation despite export obligation discharge where misdeclaration or fraud is alleged.
    Unexplained Cash Credit rules exclude opening loan balances where no credit arises during the relevant previous year.
    Handwriting comparison of cheque entries is necessary where the complainant attributes their completion directly to the accused.
    Manufacture through conversion of polythene rolls into marketable bags attracts excise duty and can trigger extended limitation.
    Ten-year search reassessment limitation includes the search assessment year, barring notice for an earlier assessment year.
    Scope of reassessment bars unrelated additions when no addition is made on the income forming recorded reopening reasons.
    Under-construction residential investment qualifies for capital-gains exemption despite developer delay, and appellate relief survives omission from t...
    Property allotment rights are held from reservation date, making surrendered rights eligible for long-term capital gains indexation benefits.
    Timely return filing preserves section 80-IA deduction despite delayed Form 10CCB submission for periods before mandatory electronic furnishing.
    Third-party search material requires special search assessment procedure, invalidating reassessment initiated through general reassessment provisions.
    Inaccurate-particulars penalty fails when founded on Explanation 1, which applies only to deemed concealment of income.
    Section 68 evidentiary burden is discharged through identity, financial capacity, banking records and unrebutted loan repayment evidence.
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AI TextQuick Glance (AI)Headnote
Fresh Section 12AB registration applications remain maintainable despite earlier rejections and require assessment on current statutory conditions.
A trust may file a subsequent application for registration under Section 12AB despite unappealed rejection of earlier applications, as the Act imposes no express bar on a fresh application. Registration must be assessed by examining the genuineness of the trust's activities and compliance with laws relevant to its objects; earlier rejection does not extinguish the statutory entitlement to apply again. Any registration granted on the later application operates only from that application's date. The registration matter was restored for fresh determination after allowing submission of supporting material.
AI TextQuick Glance (AI)Headnote
Consistency in tax assessment prevents separate taxation of a school whose income was claimed within its educational society.
Consistency in tax assessment required acceptance of the school as part of the registered educational society where the Revenue had accepted that status in an earlier year and established no contrary evidence, material factual distinction, or changed circumstances. Although each assessment year is separate and res judicata does not strictly apply to taxation, the authorities had not verified whether the school's income was already included in the society's accounts. The separate assessment of the school and the related addition could therefore not be sustained.
AI TextQuick Glance (AI)Headnote
Cheque dishonour defences requiring evidence cannot support quashing, and impleading a proprietorship concern does not invalidate the complaint.
Disputed service of the statutory notice, the drawer's incarceration, and repeated presentation and dishonour of the cheque require evidentiary assessment at trial and remain matters of defence in cheque dishonour proceedings. The statutory presumption applicable to such proceedings continues to operate at the pre-trial stage. A proprietorship concern is not legally distinct from its proprietor in the manner of a company, so impleading the concern does not invalidate the complaint. Quashing was declined, leaving the applicant to raise legal and factual defences at trial.
AI TextQuick Glance (AI)Headnote
Cheque-dishonour complaints require the claimant to be the payee or holder in due course with lawful entitlement.
Cheque-dishonour demand notices and complaints may be initiated only by the payee or a holder in due course. A claimant must be entitled in their own name to possess the cheque and recover its amount. The spouse of a deceased payee does not acquire that status merely by marriage where the cheque lacks an endorsement in the spouse's favour and no lawful authority establishes entitlement. A succession certificate, probate, letters of administration, or another judicial determination may establish authority to recover the amount and provide the drawer with a full discharge. Without such entitlement, cognizance of a cheque-dishonour complaint is legally barred.
AI TextQuick Glance (AI)Headnote
Charitable registration requires evidence of non-genuine activities; renewal proceedings cannot replace the statutory cancellation process.
Section 12AB registration requires examination of charitable objects, genuineness of activities and legal compliance material to those objects; unverified regulatory allegations or accounting discrepancies do not justify refusal unless they objectively show non-genuine or non-charitable activity. Funding arrangements, institutional autonomy, contributions, scholarships and any admissions nexus require evidence-based verification. Cancellation of an existing registration must proceed separately under section 12AB(4), with the specified violation and hearing requirements, and cannot be effected through a renewal decision. Where section 80G(5) approval depends on the registration determination, it requires fresh consideration alongside the renewed section 12AB enquiry.
AI TextQuick Glance (AI)Headnote
Public-benefit charitable objects prevail over incidental member-related activities, supporting Section 12AB registration for the trust.
Registration under Section 12AB may be granted where a trust's principal objects serve the public at large, including educational, social, medical, developmental, disaster-relief, agricultural, women-empowerment, water-conservation and sports purposes. Clauses prohibiting profit or dividend distribution to members and commercial operations support its charitable character. Incidental objects relating to industry committees or public facilities do not convert the trust into a members-only welfare association where they do not displace the dominant public-benefit objects. Registration was therefore rightly granted, with no substantial question of law arising.
AI TextQuick Glance (AI)Headnote
Cash sales deposits during demonetisation warranted only a restricted addition, while creditor balance and input VAT deductions were accepted.
Cash deposits during demonetisation stated to arise from recorded cash sales could not be wholly treated as unexplained cash credits, but the disproportionate increase in cash sales immediately before demonetisation justified a restricted lump-sum addition. The addition was limited to the stated amount. Documentary evidence, including creditor confirmation and ledger records, established the outstanding credit balance despite non-response to a statutory notice following the creditor's name change; the addition was deleted. Unclaimed input VAT included in purchase cost retained its revenue character and was allowable as business expenditure. Taxable income required recomputation, including eligible brought-forward loss set-off.
AI TextQuick Glance (AI)Headnote
Capital gains relief: qualifying scheme deposits support Section 54 exemption, while land distance and indexation require verification and recomputation.
Section 54 relief is available where documentary evidence, including bank records and a certificate, establishes a qualifying deposit under the Capital Gains Accounts Scheme. Agricultural land qualifies as a capital asset only if verified facts establish that it falls within the prescribed municipal-distance limit; conflicting distance material requires fresh factual verification. Capital gains from the residential flat must be recomputed after allowing applicable indexation where the original computation omitted that benefit. The section 54 disallowance is deleted, while the agricultural-land taxability and consequential capital-gains computation require fresh assessment.
AI TextQuick Glance (AI)Headnote
EPCG licence compliance remains subject to customs investigation despite export obligation discharge where misdeclaration or fraud is alleged.
Customs authorities may investigate and adjudicate alleged breaches of EPCG licence conditions despite an export obligation discharge certificate issued by the licensing authority. Allegations of using unrelated third-party shipping bills and making false declarations to obtain export-obligation discharge concern compliance with conditions attached to duty-exempt imports, rather than misrepresentation in obtaining the licence. Where fraud, concealment, misrepresentation or misdeclaration is alleged, the discharge certificate does not bar customs proceedings, and no statutory bar applies. The show-cause-notice proceedings may therefore continue, with the assessee entitled to present its defence before the adjudicating authority.
AI TextQuick Glance (AI)Headnote
Unexplained Cash Credit rules exclude opening loan balances where no credit arises during the relevant previous year.
Notional rental income is examined against the operative rent arrangement and contemporaneous evidence of actual receipts, including tenant confirmation, invoices, bank credits and tax records. Booking advances retained as capital liabilities require evidence of cessation or falsity before tax treatment, particularly where purchaser confirmations or transferred booking rights support their character. Section 68 applies only to sums credited during the relevant previous year, not brought-forward opening loan balances. A written-off rental debt, substantiated repairs and routine business expenditure are considered on their supporting records, while interest on tax deducted at source is treated as non-deductible. Penalty under Section 271AAC(1) is addressed where the assessment's jurisdictional validity remains pending adjudication.
AI TextQuick Glance (AI)Headnote
Handwriting comparison of cheque entries is necessary where the complainant attributes their completion directly to the accused.
Handwriting comparison of cheque entries becomes relevant in cheque-dishonour proceedings where the complainant specifically alleges that the accused filled in those entries in the complainant's presence. Although the identity of the person completing cheque particulars is ordinarily immaterial once execution is established and the statutory presumption applies, proof that the entries were not written by the accused may undermine the credibility and acceptability of evidence on execution and issuance. The accused should therefore be permitted to obtain expert analysis of the disputed cheque entries where that factual assertion forms part of the complainant's case.
AI TextQuick Glance (AI)Headnote
Manufacture through conversion of polythene rolls into marketable bags attracts excise duty and can trigger extended limitation.
Converting polythene rolls through printing, shaping, cutting, sealing and packing into marketable polythene bags constitutes manufacture under the distinct name, character and use test. Customer-supplied inputs, customer logos on finished bags, and return of waste or scrap do not alter the manufacturing character of the process; the bags are therefore liable to central excise duty upon clearance. Filing ST-3 returns and paying service tax on conversion charges does not disclose or discharge the separate excise liability. Where duty was not paid on bags cleared to manufacturers of exempt final products, the omission was treated as suppression, supporting invocation of the extended limitation period.
AI TextQuick Glance (AI)Headnote
Ten-year search reassessment limitation includes the search assessment year, barring notice for an earlier assessment year.
The ten-year limitation period for search-related reassessment under Explanation 1 to section 153A includes the assessment year corresponding to the financial year in which the search occurs. This differs from the six-year period under section 153A(1)(b), which is calculated by reference to assessment years immediately preceding the search assessment year. For a search conducted in Financial Year 2024-25, Assessment Year 2025-26 is the first year of the extended period and Assessment Year 2016-17 is the tenth. Consequently, reassessment proceedings for Assessment Year 2015-16 fall outside the permissible period, and the notice was quashed as time-barred.
AI TextQuick Glance (AI)Headnote
Scope of reassessment bars unrelated additions when no addition is made on the income forming recorded reopening reasons.
Reassessment cannot independently support additions for income unrelated to the recorded reasons where the income forming the basis for reopening is accepted without addition. The reassessment was initiated to verify share application money from a specified entity, but no addition was made on that issue. Additions for an unsecured loan from another entity and related interest arose from separate information during reassessment. Such other income could be assessed only after assessing or reassessing the income covered by the recorded reasons; otherwise, a fresh statutory notice was required. The reassessment additions were therefore beyond the permissible scope of reassessment and invalid.
AI TextQuick Glance (AI)Headnote
Under-construction residential investment qualifies for capital-gains exemption despite developer delay, and appellate relief survives omission from the return.
Investment of capital gains in an under-construction flat through timely allotment and staged payments constitutes construction of a residential house for Section 54 exemption. Developer-caused delay in completion, registration or conveyance does not defeat the exemption where the taxpayer has completed obligations within their control and committed the gains within the prescribed period. Omission to claim the exemption in the return does not preclude relief where complete supporting material is furnished during assessment. The restriction on claims not made through a revised return applies to the Assessing Officer and does not curtail appellate powers to admit and grant a legally admissible substantive claim.
AI TextQuick Glance (AI)Headnote
Property allotment rights are held from reservation date, making surrendered rights eligible for long-term capital gains indexation benefits.
Allotment rights in property constitute a valuable capital asset, and their holding period is generally reckoned from the date of allotment or reservation rather than from later payments. Contemporaneous reservation and transfer documents, developer confirmation, bank records and ledger material established acquisition of the relevant flat rights in financial year 2006-07. Later accounting entries and consolidated ledger adjustments for multiple flats did not displace that evidence. Accordingly, surrender of the allotment rights gave rise to long-term capital gain, with indexation benefit available.
AI TextQuick Glance (AI)Headnote
Timely return filing preserves section 80-IA deduction despite delayed Form 10CCB submission for periods before mandatory electronic furnishing.
Delayed electronic furnishing of Form 10CCB did not bar deduction under section 80-IA where the deduction was claimed in a return filed within the due date under section 139(1), satisfying sections 80A(5) and 80AC. For the relevant period, the Form 10CCB requirement was directory, while the later amendment making electronic furnishing mandatory applied only from 1 April 2020. Furnishing the report to the CPC with a rectification application before substantive assessment proceedings concluded was sufficient. Rules applicable to Chapter III exemptions did not govern the distinct Chapter VI-A deduction regime. The claimed deduction was therefore required to be granted.
AI TextQuick Glance (AI)Headnote
Third-party search material requires special search assessment procedure, invalidating reassessment initiated through general reassessment provisions.
Search-derived material relating to a person other than the searched party must be assessed under the special search-assessment framework of sections 153A and 153C, rather than through general reassessment under sections 147 and 148, subject to section 153C's statutory conditions. Information from an appraisal report and consequential investigation, including survey references forming part of that investigation, does not provide an independent reassessment basis. Inconsistent descriptions of the alleged transaction as bogus purchases and receipt of funds further indicate no independent determination of income escaping assessment. The section 148 notice, section 148A(d) order and consequential reassessment were quashed.
AI TextQuick Glance (AI)Headnote
Inaccurate-particulars penalty fails when founded on Explanation 1, which applies only to deemed concealment of income.
Penalty for furnishing inaccurate particulars under Section 271(1)(c) cannot be sustained by invoking Explanation 1 where the assessment initiated penalty under both concealment and inaccurate-particulars limbs. Explanation 1 deems additions or disallowances to be income whose particulars were concealed; it does not apply to the distinct charge of furnishing inaccurate particulars. As the penalty notice and order specified inaccurate particulars but relied on a statutory deeming provision applicable to concealment, the charge and legal basis were incongruent. The penalty was therefore invalid and deleted.
AI TextQuick Glance (AI)Headnote
Section 68 evidentiary burden is discharged through identity, financial capacity, banking records and unrebutted loan repayment evidence.
For pre-2013 share application credits, evidence of subscriber identity, financial capacity and receipt through banking channels discharges the assessee's initial burden under Section 68; the later requirement to prove the source of the source does not apply to Assessment Year 2011-12. For unsecured loan credits, lender confirmations, tax records, financial statements where available, bank statements and banking-channel repayments support identity, creditworthiness and genuineness. Where the Revenue conducts no adequate independent enquiry and produces no contrary material, such credits cannot be treated as unexplained cash credits.

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2021 (11) TMI 376 - AT - Income Tax

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Tribunal upholds capitalization of NTPC project expenses, citing consistency with prior judgments.
The Tribunal dismissed the Revenue's appeal, upholding the Ld. CIT(A)'s decision to allow expenses related to the NTPC project to be capitalized. The ... Summary

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Acts Income Tax