M/S AVM CHARITIES,CHENNAI vs. ITO, EXEMPTIONS WARD-1, CHENNAI

ITA 1635/CHNY/2023Status: DisposedITAT Chennai27 March 2024AY 2015-16Bench: SHRI V. DURGA RAO, HON’BLE (Judicial Member), SHRI MANJUNATHA. G, HON’BLE (Accountant Member)42 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal held that the AO and CIT(A) erred in invoking Section 13(1)(c) regarding rental income. For depreciation, it was allowed for AYs 2012-15 but disallowed for AYs 2015-19 due to amendment in Section 11(6).

What were the facts?

The assessee, a charitable trust, claimed exemption under Section 11. The Assessing Officer (AO) denied exemption and made additions, which were upheld by the CIT(A). The assessee appealed against these orders for assessment years 2012-13 to 2018-19.

What were the issues?

Whether the denial of exemption under Section 11 was justified, and whether depreciation on fixed assets should be allowed as application of income.

Which sections of the Income-tax Act were involved?

Section 11,Section 13(1)(c),Section 13(2),Section 11(6),Section 147,Section 2(15),Section 164(2),Section 32

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(9)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, ‘B’ BENCH: CHENNAI

Before: SHRI V. DURGA RAO, HON’BLE & SHRI MANJUNATHA. G, HON’BLE

Hearing: 26.02.2024

PER BENCH:

This bunch of ‘seven’ appeals filed by the assessee are directed

against separate, but identical orders of the Commissioner of Income Tax

(Appeals)-20, Chennai, all dated 30.10.2023 and pertains to assessment

years 2012-13 to 2018-19. Since, facts are identical and issues are common, for the sake of convenience, these appeals were heard together

and are being dispo

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 11

All 7,190 judgments and leading authorities on Section 11 →

Recent GST High Court judgments

Search GST case law →