MAHATMA GANDHI CENTENARY VIDYALAYA,TRICHY vs. ACIT CIRCLE 1(2), TRICHY
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that for assessment years prior to 2015-16, depreciation on assets claimed as application of income is allowable, following the Supreme Court judgment in CIT Vs. Rajasthan & Gujarati Charitable Foundation.
What were the facts?
The assessees, registered charitable trusts, claimed depreciation on assets whose cost was treated as application of income. The Assessing Officer and CIT(A) disallowed this depreciation.
What were the issues?
Whether depreciation on assets, the cost of which was claimed as application of income, is allowable for assessment years prior to the amendment of Section 11(6) of the Income Tax Act.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
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- CIT v. Rajasthan & Gujarati Charitable Foundation Poona187 citing402 ITR 441 · 2018 · SC
Income Tax Appellate Tribunal, ‘D’ BENCH : CHENNAI
Before: SHRI ABRAHAM P. GEORGE & SHRI DUVVURU RL REDDY]
आदेश आदेश / O R D E R आदेश आदेश PER BENCH:
Grievance raised by all the assessees in these appeals is on denial of depreciation on assets, cost of which was treated as application of income.
Learned counsel for the assessee submitted that assessees were all charitable trusts which were registered under section 12AA of the Act. As per the Learned AR, claim of depreciation on the assets made by the assessees were not allowed by the Assessing Officer. According to him, Assessing Officer considered such depreciation as not allowable since cost of such assets were claimed as application of income by the concerned assessees while computing its taxable income. As per Learned AR, this view taken by the Learned Assessing Officer was confirmed by Learned Commissioner of Income Tax(Appeals).
Contention of the Learned AR was that by virtue of the judgement of Hon’ble Supreme Court in CIT Vs. Rajasthan & Gujarati Charitable Foundation, Pune (2018) 402 ITR 441, the claim of depreciation could not be disallowed.
Learned DR fairly agreed that for the impugned assessment years, the issue stood covered by virtue of the judgement of the judgement of Hon’ble Supreme Court in CIT Vs. Rajasthan & Gujarati Charitable Foundation, Pune (supra). to 1978/Chny/2018 :- 3 -:
We have heard the contentions. The question regarding allowance of depreciation on assets, the cost of which was claimed as application of income, is no more res integra. No doubt, by virtue of amendment made under sub- section (6) to Section 11 inserted by Finance Act, 2014 with effect from 01.04.2015, depreciation on cost of assets claimed as application of income is not allowable. However, the said amendment has come into effect from 01.04.2015, therefore, is applicable only from assessment year 2015-16. Impugned assessment years are all prior to assessment year 2015-16. Accordingly, by virtue of the judgement of Hon’ble Supreme Court in CIT Vs. Rajasthan & Gujarati Charitable Foundation, Pune (supra), claim of the assessees are allowable. We, therefore, set aside the orders of the lower authorities and direct the Assessing Officer to allow the depreciation in all these appeals.
In the result, appeals filed by the assessees stand allowed. 5. Order pronounced on Tuesday, the 27th of November, 2018, at Chennai.
More judgments on Section 11
- Desire Foundation, Jaipur vs Income Tax Officer, JaipurITA 1646/JPR/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Mata Lachmi Rotary Charitable Society… vs Income Tax Officer, Exemption Ward - 1…ITA 310/RJT/2025[2022-23]Status: Disposed16 Oct 2026AY 2022-23
- Shiva Shiksha Samiti, Deendayal Puram, Up… vs Income-Tax Officer, Ward-Exemption, Agra…ITA 415/AGR/2026[2017-18]Status: Disposed15 Oct 2026AY 2017-18
- Sweekar, Nagpur vs ITO Ward 1, Exemp, NagpurITA 531/NAG/2026[2020-21]Status: Disposed14 Oct 2026AY 2020-21
- Sweekar, Nagpur vs ITO Ward 1, Exemp, NagpurITA 530/NAG/2026[2019-20]Status: Disposed14 Oct 2026AY 2019-20
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