CENTRAL TOOL ROOM,LUDHIANA vs. DCIT, C-1 (EXEMPTIONS), CHANDIGARH
What did the Tribunal hold?
The Tribunal restored the issue of depreciation to the Assessing Officer for fresh adjudication. The Assessing Officer is to verify if the assessee had claimed expenditure on capital assets as application of income in earlier years when exemption was granted.
What were the facts?
The assessee, a charitable institution registered under section 12A, was denied exemption under section 11 for the assessment year 2015-16 and assessed as an 'Association of Persons'. The primary dispute is regarding the claim of depreciation on capital assets.
What were the issues?
Whether depreciation is allowable on capital assets when the assessee was previously claiming exemption under section 11 and the expenditure on such assets might have been treated as application of income.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
आदेश/Order
Per Sanjay Garg, Judicial Member:
The present appeal has been preferred by the assessee against the order dated 28.09.2018 of the Commissioner of Income Tax-4 , Ludhiana [hereinafter referred to as’ CIT(A)’ ].
The sole issue raised by the appellant-assessee in this appeal is regarding claim of depreciation. The appellant society is registered as a
ITA No. 1563-C-2018 Central Tool Room, Ludhiana 2 ‘Charitable Institution’ u/s 12A of the Income Tax Act, 1961 (in short
'the Act'). For the earlier assessment years, the appellant-assessee was
granted exemption from taxation u/s 11 of the Income Tax Act.
However, for the year under consideration, the Assessing Officer did
not allow the assessee the exemption u/s 11A of the Act and assessed
the income of the assessee under normal provisions treating the
assessee as ‘Association of Persons’(‘AOP’). Though, the assessee in
this appeal has not contested the action of the Assessing Officer in
denying exemption to the assessee u/s 11 of the Act, however, the sole
grievance of the assessee is that the Assessing Officer has not allowed
the depreciation on the capital assets as per the provisions of the Income
Tax Act. The assessee has pleaded that it should be allowed depreciation
at the rate as applicable to an ‘AOP’ under the provisions of the Act
and further it should be allowed depreciation on the additions of plant
and machinery made during the assessment year under consideration
2015-16.
The plea of the Department, on the other hand, is that since the
assessee in earlier years had claimed exemption u/s 11 of the Act and
the expenditure incurred on capital assets had already been allowed as
application of income, hence, the depreciation should not be allowed on
the capital assets as it will amount to double deduction.
ITA No. 1563-C-2018 Central Tool Room, Ludhiana 3 4. In rebuttal, the Ld. Counsel for the assessee has submitted that the
assessee had not claimed any expenditure on capital assets as
application of income in the earlier assessment years during which the
assessee was allowed exemption from taxation as per the provisions of
section 11 of the Act.
We have heard the rival contentions. Both the Ld. representatives
of the parties have submitted that this factual issue whether the assessee
had claimed expenditure on capital assets as application of income in
earlier years is required to be thoroughly examined by the Assessing
Officer. Therefore, it has been submitted that the matter be restored to
the file of the Assessing Officer for decision afresh on this issue.
We accordingly, restore this issue to the file of the Assessing
Officer to decide the issue relating to the depreciation on capital assets
afresh after considering the submissions of the assessee and verification
of the record relating to the claim of the assessee that it had not claimed
expenditure on capital expenditure as application of income in earlier
assessment years. If the claim of the assessee is found to be correct
then the Assessing Officer to allow the claim of depreciation to the
assessee as per the provisions of Income Tax Act irrespective of the
treatment given in the account books of the assessee.
ITA No. 1563-C-2018 Central Tool Room, Ludhiana 4 With the above directions, the appeal of the assessee is treated as allowed for statistical purposes.
Order pronounced in the Open Court on 13.08.2019.
Sd/- Sd/- (अ�नपूणा� गु�ता / ANNAPURNA GUPTA) (संजय गग� / SANJAY GARG) लेखा सद�य/ Accountant Member �या�यक सद�य/ Judicial Member
Dated : 13.08.2019 “आर.के.”
आदेश क� ��त�ल�प अ�े�षत/ Copy of the order forwarded to : 1. अपीलाथ�/ The Appellant 2. ��यथ�/ The Respondent 3. आयकर आयु�त/ CIT 4. आयकर आयु�त (अपील)/ The CIT(A) 5. �वभागीय ��त�न�ध, आयकर अपील�य आ�धकरण, च�डीगढ़/ DR, ITAT, CHANDIGARH 6. गाड� फाईल/ Guard File
आदेशानुसार/ By order, सहायक पंजीकार/ Assistant Registrar
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