CIT v. Jaideep Industries

180 ITR 81Reported decision1989#6277 most cited

What is CIT v. Jaideep Industries authority for?

The requirement to file an audit report along with the return of income is mandatory for claiming deductions under Section 80J(6A) and for claiming the benefit of Section 11 exemptions under Section 12A(b). Failure to do so renders the claim inadmissible, and the report cannot be accepted if filed later during assessment proceedings.

18

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2016 to 2025.

Also referred to as

CIT v. Jaideep Industries · 180 ITR 81 · Section 12A(b) · Section 11 · audit report · mandatory filing · return of income · charitable trust exemption · Section 80J(6A)

Sections most often in play

Section 10(20)Section 11Section 12ASection 12AASection 143(3)Section 145Section 263Section 36(1)(iv)

Issues it is cited on

recognised provident fundapproved superannuation fundsection 11 exemptionsection 80j(6a)section 12a(b)section 10(22)approved gratuity fundsection 36(1)(v)section 139(4a)section 10(20)section 12a(a)section 12a(1)(b)

Judgments citing CIT v. Jaideep Industries

Deputy Commissioner of Income-Tax vs. The Jawaharlal Nehru Port Trust, Raigad

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

ITA 545/PUN/2016[2005-06]Status: DisposedITAT Pune30 Sept 2025AY 2005-06

Bench: Shri R. K. Panda & Ms Astha Chandra

For Appellant: S/Shri Madhur Agrawal, AdvocateFor Respondent: S/Shri Sham Walve, Special Counsel along with Tanzil Padvekar and Bhavik Chheda
Section 10(20)Section 11Section 12ASection 142Section 143(1)Section 143(3)Section 263

…im the benefit of exemption from tax. The audit report could not be produced at any subsequent time either before the Income-tax Officer or the appellate authority. Reliance for this was placed upon a judgment of this court in CIT v. Jaideep Industries [1989] 180 ITR 81. ITA Nos.1153, 1155 & 1154/MUM/2016 10. Counsel for the assessee has controverted the argument raised by counsel for the Revenue. It has been contended by him that furnishing of report along with the filing of the return was directory in nature in view of the circular of the Central Board of Direct Taxes issued on February 9, 1978, which provides…

Deputy Commissioner of Income-Tax vs. The Jawaharlal Nehru Port Trust, Raigad

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

ITA 544/PUN/2016[2004-05]Status: DisposedITAT Pune30 Sept 2025AY 2004-05

Bench: Shri R. K. Panda & Ms Astha Chandra

For Appellant: S/Shri Madhur Agrawal, AdvocateFor Respondent: S/Shri Sham Walve, Special Counsel along with Tanzil Padvekar and Bhavik Chheda
Section 10(20)Section 11Section 12ASection 142Section 143(1)Section 143(3)Section 263

…im the benefit of exemption from tax. The audit report could not be produced at any subsequent time either before the Income-tax Officer or the appellate authority. Reliance for this was placed upon a judgment of this court in CIT v. Jaideep Industries [1989] 180 ITR 81. ITA Nos.1153, 1155 & 1154/MUM/2016 10. Counsel for the assessee has controverted the argument raised by counsel for the Revenue. It has been contended by him that furnishing of report along with the filing of the return was directory in nature in view of the circular of the Central Board of Direct Taxes issued on February 9, 1978, which provides…

Deputy Commissioner of Income-Tax vs. The Jawaharlal Nehru Port Trust, Raigad

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

ITA 543/PUN/2016[2003-04]Status: DisposedITAT Pune30 Sept 2025AY 2003-04

Bench: Shri R. K. Panda & Ms Astha Chandra

For Appellant: S/Shri Madhur Agrawal, AdvocateFor Respondent: S/Shri Sham Walve, Special Counsel along with Tanzil Padvekar and Bhavik Chheda
Section 10(20)Section 11Section 12ASection 142Section 143(1)Section 143(3)Section 263

…im the benefit of exemption from tax. The audit report could not be produced at any subsequent time either before the Income-tax Officer or the appellate authority. Reliance for this was placed upon a judgment of this court in CIT v. Jaideep Industries [1989] 180 ITR 81. ITA Nos.1153, 1155 & 1154/MUM/2016 10. Counsel for the assessee has controverted the argument raised by counsel for the Revenue. It has been contended by him that furnishing of report along with the filing of the return was directory in nature in view of the circular of the Central Board of Direct Taxes issued on February 9, 1978, which provides…

Jawahar Lal Nehru Port Trust, Navi Mumbai vs. ACIT Panvel, Panvel

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

ITA 1155/MUM/2016[2004-05]Status: DisposedITAT Pune30 Sept 2025AY 2004-05

Bench: Shri R. K. Panda & Ms Astha Chandra

For Appellant: S/Shri Madhur Agrawal, AdvocateFor Respondent: S/Shri Sham Walve, Special Counsel along with Tanzil Padvekar and Bhavik Chheda
Section 10(20)Section 11Section 12ASection 142Section 143(1)Section 143(3)Section 263

…im the benefit of exemption from tax. The audit report could not be produced at any subsequent time either before the Income-tax Officer or the appellate authority. Reliance for this was placed upon a judgment of this court in CIT v. Jaideep Industries [1989] 180 ITR 81. ITA Nos.1153, 1155 & 1154/MUM/2016 10. Counsel for the assessee has controverted the argument raised by counsel for the Revenue. It has been contended by him that furnishing of report along with the filing of the return was directory in nature in view of the circular of the Central Board of Direct Taxes issued on February 9, 1978, which provides…

Jawahar Lal Nehru Port Trust, Navi Mumbai vs. ACIT Panvel, Panvel

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

ITA 1154/MUM/2016[2005-06]Status: DisposedITAT Pune30 Sept 2025AY 2005-06

Bench: Shri R. K. Panda & Ms Astha Chandra

For Appellant: S/Shri Madhur Agrawal, AdvocateFor Respondent: S/Shri Sham Walve, Special Counsel along with Tanzil Padvekar and Bhavik Chheda
Section 10(20)Section 11Section 12ASection 142Section 143(1)Section 143(3)Section 263

…im the benefit of exemption from tax. The audit report could not be produced at any subsequent time either before the Income-tax Officer or the appellate authority. Reliance for this was placed upon a judgment of this court in CIT v. Jaideep Industries [1989] 180 ITR 81. ITA Nos.1153, 1155 & 1154/MUM/2016 10. Counsel for the assessee has controverted the argument raised by counsel for the Revenue. It has been contended by him that furnishing of report along with the filing of the return was directory in nature in view of the circular of the Central Board of Direct Taxes issued on February 9, 1978, which provides…

Jawahar Lal Nehru Port Trust, Navi Mumbai vs. ACIT Panvel, Panvel

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

ITA 1153/MUM/2016[2003-04]Status: DisposedITAT Pune30 Sept 2025AY 2003-04

Bench: Shri R. K. Panda & Ms Astha Chandra

For Appellant: S/Shri Madhur Agrawal, AdvocateFor Respondent: S/Shri Sham Walve, Special Counsel along with Tanzil Padvekar and Bhavik Chheda
Section 10(20)Section 11Section 12ASection 142Section 143(1)Section 143(3)Section 263

…im the benefit of exemption from tax. The audit report could not be produced at any subsequent time either before the Income-tax Officer or the appellate authority. Reliance for this was placed upon a judgment of this court in CIT v. Jaideep Industries [1989] 180 ITR 81. ITA Nos.1153, 1155 & 1154/MUM/2016 10. Counsel for the assessee has controverted the argument raised by counsel for the Revenue. It has been contended by him that furnishing of report along with the filing of the return was directory in nature in view of the circular of the Central Board of Direct Taxes issued on February 9, 1978, which provides…

Asian Electronics Ltd, Mumbai vs. DCIT RG 3(1), Mumbai

In the result, appeal filed by the assessee is dismissed and revenue is allowed

ITA 4804/MUM/2012[2009-10]Status: DisposedITAT Mumbai24 Jun 2022AY 2009-10

Bench: Shri Vikas Awasthy, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: NoneFor Respondent: Smt Shailaja Rai
Section 115Section 115JSection 14A

…e assessment order. From the list of items, it is seen that these are Air conditioners, Antenna, Electrical items, Ceiling Fan, Mobile Phone and Dyes and Moulds. It has been held by Hon'ble Punjab & Haryana Higb Court in the case of CIT vs Jaideep Industries (180 ITR 81) that dyes and moulds are part of machinery. Therefore, the claim of the appellant of additional depreciation treating it as Plant & Machinery is to be allowed. However for other items additional depreciation is not allowable as these are not Plant & Machinery. The AO is justified in disallowing the additional depreciation claimed on items excludi…

DCIT 3(1), Mumbai vs. Asian Electronics Ltd, Mumbai

In the result, appeal filed by the assessee is dismissed and revenue is allowed

ITA 4770/MUM/2012[2009-10]Status: DisposedITAT Mumbai24 Jun 2022AY 2009-10

Bench: Shri Vikas Awasthy, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: NoneFor Respondent: Smt Shailaja Rai
Section 115Section 115JSection 14A

…e assessment order. From the list of items, it is seen that these are Air conditioners, Antenna, Electrical items, Ceiling Fan, Mobile Phone and Dyes and Moulds. It has been held by Hon'ble Punjab & Haryana Higb Court in the case of CIT vs Jaideep Industries (180 ITR 81) that dyes and moulds are part of machinery. Therefore, the claim of the appellant of additional depreciation treating it as Plant & Machinery is to be allowed. However for other items additional depreciation is not allowable as these are not Plant & Machinery. The AO is justified in disallowing the additional depreciation claimed on items excludi…

M/S.Kunhitharuvai Memorial Charitable Trust, Calicut vs. The DCIT, Cen-Circle-2, Calicut

In the result, the appeals filed by the assessee are disposed of as follows:

ITA 261/COCH/2018[2012-13]Status: DisposedITAT Cochin27 May 2019AY 2012-13

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 10ASection 11Section 11(5)Section 12ASection 13Section 13(1)(c)Section 132Section 139(1)Section 153A

…the auditor's report along with the return has to be treated as procedural provision and, therefore, directory in nature. 12. Provisions of s. 80J(6A) and s. 12A of the Act are para materia. The ratio of the law laid down in Jaideep Industries' case (1989) (180 ITR 81) (P&H) would have been applicable to the facts of the present case as well had the CBDT not issued the Circular dt. 9th Feb., 1978, reproduced in the earlier part of the judgment. As per this circular, it is not mandatory under, s. 12A(b) to file the audit report along with return of income. Normally, a charitable religious trust or institution is…

M/S.Kunhitharuvai Memorial Charitable Trust, Calicut vs. The DCIT, Cen-Circle-2, Calicut

In the result, the appeals filed by the assessee are disposed of as follows:

ITA 260/COCH/2018[2011-12]Status: DisposedITAT Cochin27 May 2019AY 2011-12

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 10ASection 11Section 11(5)Section 12ASection 13Section 13(1)(c)Section 132Section 139(1)Section 153A

…the auditor's report along with the return has to be treated as procedural provision and, therefore, directory in nature. 12. Provisions of s. 80J(6A) and s. 12A of the Act are para materia. The ratio of the law laid down in Jaideep Industries' case (1989) (180 ITR 81) (P&H) would have been applicable to the facts of the present case as well had the CBDT not issued the Circular dt. 9th Feb., 1978, reproduced in the earlier part of the judgment. As per this circular, it is not mandatory under, s. 12A(b) to file the audit report along with return of income. Normally, a charitable religious trust or institution is…

M/S.Kunhitharuvai Memorial Charitable Trust, Calicut vs. The DCIT, Cen-Circle-2, Calicut

In the result, the appeals filed by the assessee are disposed of as follows:

ITA 259/COCH/2018[2010-11]Status: DisposedITAT Cochin27 May 2019AY 2010-11

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 10ASection 11Section 11(5)Section 12ASection 13Section 13(1)(c)Section 132Section 139(1)Section 153A

…the auditor's report along with the return has to be treated as procedural provision and, therefore, directory in nature. 12. Provisions of s. 80J(6A) and s. 12A of the Act are para materia. The ratio of the law laid down in Jaideep Industries' case (1989) (180 ITR 81) (P&H) would have been applicable to the facts of the present case as well had the CBDT not issued the Circular dt. 9th Feb., 1978, reproduced in the earlier part of the judgment. As per this circular, it is not mandatory under, s. 12A(b) to file the audit report along with return of income. Normally, a charitable religious trust or institution is…

M/S.Kunhitharuvai Memorial Charitable Trust, Calicut vs. The DCIT, Cen-Circle-2, Calicut

In the result, the appeals filed by the assessee are disposed of as follows:

ITA 258/COCH/2018[2009-10]Status: DisposedITAT Cochin27 May 2019AY 2009-10

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 10ASection 11Section 11(5)Section 12ASection 13Section 13(1)(c)Section 132Section 139(1)Section 153A

…the auditor's report along with the return has to be treated as procedural provision and, therefore, directory in nature. 12. Provisions of s. 80J(6A) and s. 12A of the Act are para materia. The ratio of the law laid down in Jaideep Industries' case (1989) (180 ITR 81) (P&H) would have been applicable to the facts of the present case as well had the CBDT not issued the Circular dt. 9th Feb., 1978, reproduced in the earlier part of the judgment. As per this circular, it is not mandatory under, s. 12A(b) to file the audit report along with return of income. Normally, a charitable religious trust or institution is…

M/S.Kunhitharuvai Memorial Charitable Trust, Calicut vs. The DCIT, Cen-Circle-2, Calicut

In the result, the appeals filed by the assessee are disposed of as follows:

ITA 257/COCH/2018[2008-09]Status: DisposedITAT Cochin27 May 2019AY 2008-09

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 10ASection 11Section 11(5)Section 12ASection 13Section 13(1)(c)Section 132Section 139(1)Section 153A

…the auditor's report along with the return has to be treated as procedural provision and, therefore, directory in nature. 12. Provisions of s. 80J(6A) and s. 12A of the Act are para materia. The ratio of the law laid down in Jaideep Industries' case (1989) (180 ITR 81) (P&H) would have been applicable to the facts of the present case as well had the CBDT not issued the Circular dt. 9th Feb., 1978, reproduced in the earlier part of the judgment. As per this circular, it is not mandatory under, s. 12A(b) to file the audit report along with return of income. Normally, a charitable religious trust or institution is…

M/S.Kunhitharuvai Memorial Charitable Trust, Calicut vs. The DCIT, Cen-Circle-2, Calicut

In the result, the appeals filed by the assessee are disposed of as follows:

ITA 256/COCH/2018[2007-08]Status: DisposedITAT Cochin27 May 2019AY 2007-08

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 10ASection 11Section 11(5)Section 12ASection 13Section 13(1)(c)Section 132Section 139(1)Section 153A

…the auditor's report along with the return has to be treated as procedural provision and, therefore, directory in nature. 12. Provisions of s. 80J(6A) and s. 12A of the Act are para materia. The ratio of the law laid down in Jaideep Industries' case (1989) (180 ITR 81) (P&H) would have been applicable to the facts of the present case as well had the CBDT not issued the Circular dt. 9th Feb., 1978, reproduced in the earlier part of the judgment. As per this circular, it is not mandatory under, s. 12A(b) to file the audit report along with return of income. Normally, a charitable religious trust or institution is…

M/S.Kunhitharuvai Memorial Charitable Trust, Calicut vs. The DCIT, Cen-Circle-2, Calicut

In the result, the appeals filed by the assessee are disposed of as follows:

ITA 255/COCH/2018[2006-07]Status: DisposedITAT Cochin27 May 2019AY 2006-07

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 10ASection 11Section 11(5)Section 12ASection 13Section 13(1)(c)Section 132Section 139(1)Section 153A

…the auditor's report along with the return has to be treated as procedural provision and, therefore, directory in nature. 12. Provisions of s. 80J(6A) and s. 12A of the Act are para materia. The ratio of the law laid down in Jaideep Industries' case (1989) (180 ITR 81) (P&H) would have been applicable to the facts of the present case as well had the CBDT not issued the Circular dt. 9th Feb., 1978, reproduced in the earlier part of the judgment. As per this circular, it is not mandatory under, s. 12A(b) to file the audit report along with return of income. Normally, a charitable religious trust or institution is…

Shri Rakesh Kumar Chaudhary, Durgapur vs. ACIT, Cir-Durgapur, Durgapur

ITA 422/KOL/2017[2009-10]Status: DisposedITAT Kolkata31 Aug 2018AY 2009-10

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 40A(3)Section 68

…from the revised audit report. The tax audit report either not filed with the return and filed during the course of assessment proceedings cannot be even accepted as held in following case laws:- In the case of Commissioner of Income-tax v. Jaideep Industries 180 ITR 81 Hon'ble Punjab & Haryana High Court has held as under:- Section 80J(6A) clearly lays down that deduction claimed shall not be admissible unless the assessee also furnishes along with the return the audit report in prescribed form duly signed and verified by the accountant. There could indeed be no escape from the conclusion that the requirement of…

ACIT, Cir-1, Durgapur vs. Shri Rakesh Kumar Chowdhury, Durgapur

ITA 1810/KOL/2016[2009-10]Status: DisposedITAT Kolkata31 Aug 2018AY 2009-10

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 40A(3)Section 68

…from the revised audit report. The tax audit report either not filed with the return and filed during the course of assessment proceedings cannot be even accepted as held in following case laws:- In the case of Commissioner of Income-tax v. Jaideep Industries 180 ITR 81 Hon'ble Punjab & Haryana High Court has held as under:- Section 80J(6A) clearly lays down that deduction claimed shall not be admissible unless the assessee also furnishes along with the return the audit report in prescribed form duly signed and verified by the accountant. There could indeed be no escape from the conclusion that the requirement of…

Jt. CIT. Cir.RG.8(2)(OSD), Mumbai vs. M/S. Lotus Energy (India) Ltd., Mumbai

In the result, the appeal filed by the Revenue in ITA No

ITA 7530/MUM/2011[2006-07]Status: DisposedITAT Mumbai30 Mar 2016AY 2006-07

Bench: Shri Amit Shukla & Shri Ramit Kocharआयकर अपील सं./I.T.A. No. 7530/Mum/2011 ("नधा"रण वष" / Assessment Year : 2006-07) Jt. Cit Cir. 8(2), M/S Lotus Energy (India) बनाम/ R. No. 216-A, Ltd., V. Aayakar Bhavan, 214, Laxmi Plaza, M.K. Road, Laxmi Industrial Estate, Mumbai -. Andheri (W), Mumbai 53. "थायी लेखा सं./Pan : Aabcl 0119K (अपीलाथ" /Appellant) .. (""यथ" / Respondent)

Section 32Section 32(1)Section 32(1)(iia)

…to use in the year in which it is acquired for the purpose of claiming additional depreciation allowance or investment allowance. Our attention has been drawn to the decision of the Punjab and Haryana High Court in the case of CIT v. Jaideep Industries [1989] 180 ITR 81, where it has been held that the assessee is entitled to the benefit of section 32A, if the machinery or plant is installed after April 1, 1976. For the reasons aforesaid, we answer the first question in this reference in the affirmative and in favour of the assessee.” The ld DR on the other hand has relied upon the decision of Delhi Benches of t…