COMMISSIONER OF I. TAX (EXEMPTION) vs. SANSKRITI EDUCATIONAL SOCIETY

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ITA/508/2016HC DelhiDLHC01175156201609 November 2016Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MR. JUSTICE NAJMI WAZIRI1 pages
AI SummaryDismissed

What did the High Court hold?

The High Court of Delhi dismissed the appeal filed by the Revenue. The Tribunal's decision was based on a previous order of the High Court in the assessee's own case, specifically Director of Income Tax (Exemption) v. M/s Sanskriti Educational Society and other connected cases, decided on November 18, 2014. Since the present appeal followed the precedent set by the High Court in the assessee's prior case, no substantial question of law arose for consideration. Therefore, the appeal was dismissed. The operative direction was the dismissal of the appeal.

What were the facts?

The Revenue, represented by the Commissioner of Income Tax (Exemption), filed an appeal before the High Court of Delhi against an order of the Income Tax Appellate Tribunal (ITAT). The appeal concerns Assessment Year(s) not specified in the judgment. The core issue revolves around the assessee, Sanskriti Educational Society, claiming depreciation of ₹2,06,40,329/-. The Assessing Officer considered this a double deduction because the purchase of assets was also claimed as expenditure. The ITAT had previously ruled on this matter in the assessee's own case.

What were the issues?

1. Whether the assessee could claim depreciation of ₹2,06,40,329/- when the purchase of its assets was also claimed as expenditure, thereby constituting a double deduction (question of law). Assessee's Contention: Not recorded in the judgment. Revenue's Contention: The claim for depreciation of ₹2,06,40,329/- amounted to a double deduction since the purchase of assets was already claimed as expenditure.

AI-generated summary — verify with the full judgment below

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI +

ITA 508/2016

COMMISSIONER OF I. TAX (EXEMPTION) ..... Appellant Through: Mr. P. Roychoudhuri, Sr. Standing Counsel.

versus

SANSKRITI EDUCATIONAL SOCIETY ..... Respondent

Through: None.

CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R %

09.11.2016

The question of law urged is whether the assessee could have claimed the depreciation of `2,06,40,329/- that according to the Assessing Officer amounted to double deduction since purchase of its assets were claimed as expenditure.

We notice that the ITAT followed the decision of this Court in a previous order in the assessee’s case - Director of Income Tax (Exemption) v. M/s Sanskriti Educational Society and other connected cases, (ITA 348/2014, decided on 18.11.2014). In the circumstances, no question of law arises; the appeal is dismissed.

S. RAVINDRA BHAT, J

NAJMI WAZIRI, J NOVEMBER 09, 2016 /vikas/

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