M/S. SOBHSARIA JANKALYAN TRUST,KOLKATA vs. JT.DIT(OSD)(EXEMPTION) - 1, KOLKATA, KOLKATA

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ITA 19/KOL/2018Status: DisposedITAT Kolkata09 November 2018AY 2009-102 pages
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What did the Tribunal hold?

The tribunal corrected a typo in its previous order. The corrected order clarifies that the 15% income accumulation under Section 11(1) is to be calculated before deducting administrative expenses and depreciation, following the ratio of the Calcutta High Court.

What were the facts?

This is a corrigendum to a previous ITAT order regarding the assessment year 2009-10. A typographical error was identified in paragraph 5 of the original order.

What were the issues?

The issue concerns the correct method of computing the 15% accumulation of income for charitable trusts. Specifically, whether administrative expenses and depreciation should be deducted before or after calculating this percentage.

Which sections of the Income-tax Act were involved?

Section 11(1)

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Cases cited in this judgment(1)Show list

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Heard together (2 matters)

I.T.A. No. 19/Kol/2018
I.T.A. No. 1210/Kol/2018

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

M/s. Sobhsaria Jankalyan Trust……….………………………………………………....….……..Appellant 31, Shibtolla Street Kolkata – 700 007 [PAN : AABTS 5849 L] Jt. DIT (OSD) (Exemption)-1, Kolkata…………………………..…………………....………..Respondent CORRIGENDUM Per J. Sudhakar Reddy:- A typographical error has occurred in the order of this Tribunal, dt. 26th October, 2018, wherein para 5 reads as follows:- “Ground No. 3 is on the issue of computation of accumulation of 15% of income u/s 11(1) of the Act. The issue involved herein is covered by the judgement of the Hon’ble Calcutta High Court in the case of CIT vs. Birla Janhit Trust, 208 ITR 372 wherein it was held that the 15% accumulation is to be calculated after deducting administrative expenses and depreciation. The Assessing Officer is directed to apply the ratio laid down by the Jurisdictional High Court on this issue to the facts of this case. This ground is allowed for statistical purposes.” The same is rectified and shall be read as follows:- “Ground No. 3 is on the issue of computation of accumulation of 15% of income u/s 11(1) of the Act. The issue involved herein is covered by the judgement of the Hon’ble Calcutta High Court in the case of CIT vs. Birla Janhit Trust, 208 ITR 372 wherein it was held that the 15% accumulation is to be calculated before deducting administrative expenses and depreciation. The Assessing Officer is directed to apply the ratio laid down by the Jurisdictional High Court on this issue to the facts of this case. This ground is allowed for statistical purposes.” Ordered accordingly.

Kolkata, the 9th day of November, 2018. Sd/- [J. Sudhakar Reddy] Accountant Member Dated : 09.11.2018 {SC SPS}

2 CORRIGENDUM [In Assessment Year: 2009-10 M/s. Ramlal Rupchand Copy of the order forwarded: 1.M/s. Sobhsaria Jankalyan Trust 31, Shibtolla Street Kolkata – 700 007 2. Jt. DIT (OSD) (Exemption)-1, Kolkata

3.

CIT(A)- 4. CIT- , 5. CIT(DR), Patna Benches, Patna.

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