ITO (E), NEW DELHI vs. M/S. VISHWESHRAIYA EDUCATIONAL TRUST, DELHI

PDF · subscribers
ITA 5200/DEL/2016Status: DisposedITAT Delhi24 November 2016AY 2010-114 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appeal was not maintainable due to the low tax effect, as per the CBDT circular. The Tribunal also noted that the issue regarding depreciation had been decided by the Delhi High Court in favour of the assessee.

What were the facts?

The Revenue filed an appeal before the ITAT for AY 2010-11. The tax effect involved in the appeal was less than the revised monetary limit of Rs. 10,00,000/- for filing appeals before the Tribunal as per CBDT Circular No. 21 of 2015.

What were the issues?

Whether the appeal is maintainable given the tax effect and the applicability of CBDT circulars. Whether depreciation can be claimed in addition to the purchase of assets being treated as application of income.

Which sections of the Income-tax Act were involved?

Section 268A,Section 11(6)

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

Income Tax Appellate Tribunal, DELHI BENCHES : SMC-1 : NEW DELHI

Before: SHRI R.S. SYAL

Hearing: 24.11.2016Pronounced: 24.11.2016

Date of Hearing : 24.11.2016 Date of Pronouncement : 24.11.2016 ORDER

This appeal by the assessee relating to the assessment year 2010- 11 arises out of the order passed by the CIT (Appeals) 20.07.2016.

2.

None was present for the assessee as well as the Revenue. I find that pursuant to the mandate of section 268A, the CBDT has issued Circular No. 21 of 2015 dated 10.12.2015 with retrospective effect, revising the monetary limit to Rs.10,00,000/- for not filing appeals before the Tribunal. I further find that as the tax effect involved in the instant appeal is less than Rs.10,00,000/-, the extant appeal is not maintainable.

3.

From para 10 of the above Circular it is palpable that the Instruction is applicable to the pending appeals also with retrospective effect and there is a clear-cut direction to the Department to withdraw or not press such appeals filed before the ITAT wherein tax effect is less than Rs.10,00,000/-. Going by the prescription of the aforenoted Circular, I am of the view that the Revenue should have either not filed the instant appeal before the Tribunal or withdrawn the same as the tax effect in this appeal is less than the prescribed limit for not filing the appeals. Ex conseqeunti, I dismiss the instant appeal.

4.

Even otherwise, it is noticed that the issue raised in this appeal about the granting of depreciation in addition to the allowance for purchase of assets as application, has been decided by the Hon’ble Delhi High Court in the case of DIT(E) vs. Indraprastha Cancer Society (2014) 112 DTR 345 (Del), holding that claim for depreciation shall be allowed as per the principles relating to commercial accountancy while computing business income, in addition to the amount spent on purchase of capital asset being treated as application of income. It is further observed that the Finance (No.2) Act, 2014 has inserted section 11(6) w.e.f. 1.4.2015 providing that no depreciation on an asset can be allowed once its purchase has been treated as application of income. Since the year under consideration is AY 2010-11, I am satisfied that the case is not hit by the newly inserted section 11(6). I, therefore, uphold the impugned order.

More judgments on Section 268A

All 3,931 judgments and leading authorities on Section 268A →

Latest GST High Court judgments

Search GST case law →