BELLE VUE CLINIC,KOLKATA vs. DCIT (EXEMPTION) - 1, KOLKATA, KOLKATA

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ITA 2511/KOL/2017Status: DisposedITAT Kolkata13 September 2019AY 2009-102 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The tribunal recalled its earlier order due to a mistake apparent on record. It held that the issue of double deduction for depreciation in the case of a charitable trust was no longer res integra, citing a Supreme Court decision and the prospective nature of an amendment to Section 11(6).

What were the facts?

The assessee filed a miscellaneous application to modify an earlier order. The original appeal dealt with the issue of double deduction of depreciation for a charitable trust. The tribunal had initially dismissed the appeal despite agreeing with the assessee's grievance.

What were the issues?

Whether depreciation claimed by a charitable trust can be considered for both application of income and computation of business income, and whether the tribunal's earlier order contained a mistake apparent on record.

Which sections of the Income-tax Act were involved?

Section 254(2),Section 11(6)

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

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Income Tax Appellate Tribunal, KOLKATA BENCH “D” KOLKATA

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

Heard together (2 matters)

M.ANo.43/Kol/2019
ITA No.2511/Kol/2017

Read from the judgment's own cause title. This page is filed under one of them.

Shri, Binod Sharma, Advocate अपीलाथ� क� ओर से /By Applicant Shri Shankar Halder, JCIT-SR-DR !"यथ� क� ओर से / By Respondent 13-09-2019 सुनवाई क� तार�ख / Date of Hearing घोषणा क� तार�ख / Date of Pronouncement 13-09-2019 आदेश / ORDER PER S.S.Godara, Judicial Member:- This assessee’s miscellaneous application filed u/s. 254(2) of the Income Tax Act, 1961, in short ‘the Act’ seeks to modify / re-call our order dated 26.10.2018. Heard both the parties. Case file perused.

2.

It transpires from a perusal of our impugned order that although we have agreed with the assessee’s grievance challenging correctness of both the lower authorities action treating its depreciation claim of ₹2,,52,14,568/- as case of double deduction in case of charitable trust i.e. both for the purpose of application of income as well as computation of business income, its main

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