CIT v. Institute of Banking Personnel Selection

264 ITR 110High Court2003#181 most cited

What is CIT v. Institute of Banking Personnel Selection authority for?

Depreciation is allowable on assets for which the cost has been fully allowed as an application of income under Section 11 in previous years, when computing the income of a charitable trust. Charitable trusts are also entitled to carry forward their deficit.

398

judgments rely on this decision, according to BharatTax’s citation analysis of 372,576 Indian tax judgments — from 2012 to 2026.

Also referred to as

CIT v. Institute of Banking Personnel Selection · Section 11 · Section 11(1) · depreciation allowance for trusts · application of income · capital expenditure trusts · carry forward of deficit · charitable trust exemption · computing trust income

Issues it is cited on

Judgments citing CIT v. Institute of Banking Personnel Selection

ACIT (E) 2(1), Mumbai vs. Mandke Foundation, Mumbai

In the result, appeal of the Revenue is dismissed

ITA 2551/MUM/2015[2010-11]Status: DisposedITAT Mumbai07 Mar 2017AY 2010-11

Bench: Shri C.N. Prasad & Shri Rajesh Kumar: (A.Y : 2010-11) Acit (E) 2(1) Vs. M/S Mandke Foundation R.No.510, Piramal Chambers Rao Saheb Achut Rao Lalbaug Parel Patwardhan Marg Mumbai – 400 012 Four Bunglow Andheri (West) Mumbai - 400 053 Pan : Aaatm4557G (अपीलार्थी / Appellant) (प्रत्यर्थी / Respondent) अपीलार्थी की ओर से / Appellant By : Shrikant Namdeo प्रत्यर्थी की ओर से / Respondent By : Shri Jitendra Sanghvi सुनवाई की तारीख / Date Of Hearing : 28/12/2016 घोषणा की तारीख Date Of Pronouncement : 07/03/2017 आदेश / O R D E R Per C.N.Prasad (J.M.) : This Appeal Is Filed By The Revenue Against The Order Of The Ld. Cit (Appeals)-1, Mumbai Dated 05.02.2015 For The Assessment Year 2010-11 Arising Out Of The Assessment Order Passed U/S 143(3) Of The Act. The Revenue Has Raised The Following Grounds : "1. On The Facts Of The Case & In Law The Id. Cit(A) Erred In Allowing The Appeal Of The Assessee On Account Of Disallowing

For Appellant: Shrikant NamdeoFor Respondent: Shri Jitendra Sanghvi
Section 1Section 11Section 143(3)Section 32

…relating to carry forward of deficit and allowing set off against income of subsequent years was also decided by the Co-ordinate Bench by following the decision of the Jurisdictional High Court in the case of CIT Vs. Institute of Banking Personnel Selection [264 ITR 110]. Therefore placing reliance on the orders of the CIT (Appeals) and the Co-ordinate Bench decision, the Ld. Counsel for the assessee submits that the appeal of the revenue may be dismissed. 4. The Ld. DR supported the orders of the Assessing Officer. 5. We have heard the rival submissions, perused the orders of the authorities below and the dec…

ACIT (E) -2(1), Mumbai vs. Shri Vile Parle Kelvani Mandal, Mumbai

In the result, the appeal of the revenue stands dismissed

ITA 3080/MUM/2015[2010-11]Status: DisposedITAT Mumbai27 Jan 2017AY 2010-11

Bench: Shri Mahavir Singh, Jm & Shri Rajesh Kumar, Am आमकय अऩीर सं./I.T.A. 3080/Mum/2015 (ननधधायण वषा / Assessment Year: 2010-11) Asstt.Commissioner Of Income Shri Vile Parle Kelvani Tax-2(1), Mandal, Room No.510, 5Th Floor, Shri Bhaidas Maganlal फनधभ/ Piramal Chambers, Sabhagriha Building, Vs. Parel, Mumbai-400012. Shaktivedanta Swami Marg, Juhu, Mumbai-400056 स्थधमी रेखध सं./ जीआइआय सं./ Pan : Aabts8228H (अऩीरधथी /Applicant) (प्रत्मथी / Respondent) : अऩीरधथी की ओय से / Applicant By : Shri T A Khan प्रत्मथी की ओय से/Respondent By : Shri R K Sinha सुनवधई की तधयीख /Date Of Hearing : 18.1.2017 घोषणध की तधयीख /Date Of : 27.1.2017 Pronouncement आदेश / O R D E R Per Rajesh Kumar, A. M: This Is An Appeal Filed By The Revenue Challenging The Order Dated 27.2.2015 Passed By The Ld.Cit(A) Against Holding That The Income From Letting Out Hall For Marriage Purpose & Space For Advertising Is Not A Business Activity.

For Respondent: Shri R K Sinha
Section 11

…sets. The latter is depreciation and it is permissible deduction considering the use of the assets. This has been clarified repeatedly by this Court. If any reference is required then the case of CIT v. Institution of Banking Personnel Selection (IBPS) [2003] 264 ITR 110/131 Taxman 386 (Bom.) is enough. 7. Going by the law laid down by this Court, we are of the opinion that that even the question No.4 in the paper-book cannot be termed as substantial question of law. The appeal thus has no merits and is dismissed. No order as to costs.” 4. The issue raised in grounds of appeal no.2,3 and 4 is that the ld.CIT(A)…