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ITAT Rajkot

Section 12AB & 80G Registration Rejection Reversed for Lack of Evidence of Community Bias

November 21, 2025 465 Views 0 comment Print

The Tribunal found no proof that the trust spent funds on a specific community. The matter was remanded for a fresh review of its 12AB and 80G applications.

ITAT Rajkot: Interest on Enhanced Compensation Forms Part of Land Value; ₹94.81 Lakh Addition Deleted

November 7, 2025 591 Views 0 comment Print

Rajkot ITAT deleted an addition of ₹94.81 lakh, holding that interest received under Section 28 of Land Acquisition Act is accretion to compensation, not interest taxable under Section 56(2)(viii). Since acquired land was rural agricultural land (not a capital asset), compensation, including Section 28 interest, is wholly exempt from tax.

Dead Firm, Live Notice: ITAT Rajkot Quashes Reassessment Against Non-Existent Entity

November 7, 2025 282 Views 0 comment Print

The ITAT Rajkot set aside reassessment proceedings initiated under Section 148 against a firm that had previously converted into a private limited company. The Tribunal held that a notice issued in the name of a non-existent entity strikes at the root of jurisdiction and renders the entire assessment void ab initio.

Power of Attorney Holder Not Liable for Capital Gains: ITAT Rajkot

November 7, 2025 342 Views 0 comment Print

The ITAT Rajkot set aside the addition of ₹16.99 lakhs in Long Term Capital Gain (LTCG) against the assessee, who acted only as a Power of Attorney (POA) holder for the property sale. The Tribunal remitted the matter to the Assessing Officer for fresh adjudication, noting the assessee was not the property owner or seller.

System Logic Can’t Override Statute: ITAT Allows 87A Rebate on STCG u/s 111A

November 4, 2025 1062 Views 0 comment Print

ITAT ruled that a resident individual, opting for new tax regime with income below ₹7 lakhs, is eligible for full S 87A rebate, even if their income includes STCG under S 111A3 Court held that no statutory bar existed for Assessment Year 2024-25, invalidating system-driven denial by CPC.

On-Money Addition Reduced by 70% as Only Profit Element is Taxable: ITAT Rajkot

November 4, 2025 297 Views 0 comment Print

The ITAT Rajkot significantly reduced an addition made under Section 69, ruling that in cases of alleged “on-money” payments found during a search, only the embedded profit component is taxable. Following the Gujarat High Court precedent, the Tribunal restricted the unexplained investment addition of Rs.1.25 lakh to just 30% (Rs.37,500).

Penalty u/s 271(1)(b) on Dead Person Invalid – ITAT Rajkot Cites Fundamental Illegality

November 4, 2025 543 Views 0 comment Print

ITAT Rajkot deletes a ₹70,000 penalty under Section 271(1)(b) because the notices and order were issued to a deceased individual. The Tribunal held that proceedings initiated against a dead person are void ab initio, emphasizing that legal heirs must be brought on record first.

One-Day Delay Can’t Deny Justice – ITAT Rajkot Restores NRI’s Case to DRP

October 31, 2025 549 Views 0 comment Print

ITAT Rajkot held that a one-day delay in filing objections before the DRP should not defeat justice. The Tribunal condoned the delay and remanded the case for fresh adjudication, emphasizing that natural justice must prevail over technical lapses.

Political Donation Deduction Allowed as Donor Proved Payment via Bank Channel

October 31, 2025 1998 Views 0 comment Print

The ITAT Rajkot ruled that a political donation made through a banking channel cannot be disallowed if the donor provides complete evidence of the payment and the recipients registration. The Tribunal held that the donor cannot be penalized for the recipient political party’s failure to report the amount in its own return.

Cash Deposits for Clients Not Assessee’s Own Funds: Section 69A Inapplicable

October 30, 2025 513 Views 0 comment Print

The ITAT Rajkot deleted a ₹61 lakh addition made under Section 69A, ruling the funds belonged to clients of the assessee who acted as a sub-share broker. The Tribunal held that Section 69A is inapplicable as the assessee was not the owner of the money, which was meant for derivative transactions.

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