CIT v. Market Committee, Pipli

330 ITR 16High Court2011#942 most cited

What is CIT v. Market Committee, Pipli authority for?

A charitable trust can claim depreciation on assets when computing the income applied for charitable or religious purposes under Section 11 of the Income Tax Act, for assessment years prior to the introduction of Section 11(6). The restriction on claiming depreciation, as introduced by Section 11(6), is prospective from AY 2015-16.

113

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2013 to 2024.

Also referred to as

CIT v. Market Committee · Pipli · 330 ITR 16 · depreciation charitable trust · Section 11 application of income · funds applied for charitable objects · allowability of depreciation for trusts · Section 11(6) prospective · prior to AY 2015-16 · Section 10(23C) depreciation · Punjab & Haryana High Court

Issues it is cited on

Judgments citing CIT v. Market Committee, Pipli

ITO (E) 2(3), Mumbai vs. Sri Sri Radha Damodar Charitable Trust, Mumbai

In the result, appeal filed by Revenue is dismissed

ITA 3809/MUM/2016[2009-10]Status: DisposedITAT Mumbai04 Apr 2018AY 2009-10

Bench: Shri Shamim Yahya & Shri Pawan Singhito (E)-2(3) Shri Radha Damodar Charitable 513, 5Th Floor, Trust, Hare Krishna Land, Juhu, Vs. Piramal Chambers, Lalbaug, Mumbai-400049 Mumbai-12. Pan:Aafts2570L (Appellant) (Respondent) Revenue By : Shri Ram Tiwari (Dr) Assessee By : Sh. Nishant Thakkar With Ms. Jasmin Amalsadwala- Advocates. Date Of Hearing : 20.03.2018 Date Of Pronouncement : 04.04.2018 Order Under Section 254(1) Of Income Tax Act Per Pawan Singh: 1. This Appeal By Revenue Under Section 253 Of Income Tax Act (‘The Act’) Is Directed Against The Order Of Ld. Commissioner Of Income-Tax (Appeals)-1

For Appellant: Sh. Nishant Thakkar with Ms. Jasmin Amalsadwala-For Respondent: Shri Ram Tiwari (DR)
Section 11Section 12ASection 143(3)Section 2Section 253Section 254(1)Section 44A

…IN THE INCOME TAX APPELLATE TRIBUNAL, BENCH “F”, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH, JUDICIAL MEMBER ITO (E)-2(3) Shri Radha Damodar Charitable 513, 5th Floor, Trust, Hare Krishna Land, Juhu, Vs. Piramal Chambers, Lalbaug, Mumbai-400049 Mumbai-12. PAN:AAFTS2570L (Appellant) (Respondent) Revenue by : Shri Ram Tiwari (DR) Assessee by : Sh. Nishant Thakkar with Ms. Jasmin Amalsadwala- Advocates. Date of hearing : 20.03.2018 Date of Pronouncement : 04.04.2018 Order Under Section 254(1) of Income Tax Act PER PAWAN SINGH, JUDICIAL MEMBER: 1. This appeal by Revenue under secti…

Income-Tax Officer vs. Mahatma Gandhi Mission, Aurangabad

In the result, both the appeals of Revenue are dismissed

ITA 1634/PUN/2014[2011-12]Status: DisposedITAT Pune26 Mar 2018AY 2011-12

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita Nos.1633 & 1634/Pun/2014 यििाारण वषा / Assessment Years : 2010-11 & 2011-12 The Income Tax Officer, अऩीऱाथी/Appellant Ward 1(1), Aurangabad …. Vs. Mahatma Gandhi Mission, Mgm Campus, N-6, Cidco, …. प्रत्यथी / Respondent Aurangabad Pan: Aaatm4256E अऩीऱाथी की ओर से / Appellant By : Shri Rajeev Kumar, Cit प्रत्यथी की ओर से / Respondent By : Shri Pramod Shingte

For Appellant: Shri Rajeev Kumar, CITFor Respondent: Shri Pramod Shingte
Section 11Section 12ASection 143(3)Section 35

…scorts Ltd. Vs. Union of India (supra) was taken note of by the Hon’ble High Court of Delhi in CIT Vs. Vishwa Jagriti Mission reported in 73 DTR 195 (Del) and the Hon’ble High Court of Punjab & Haryana High Court in CIT Vs. Market Committee, Pipli reported in 330 ITR 16 (P&H) and it was held that in the case of a Trust, depreciation claimed on the assets is to be allowed as deduction ITA Nos.1633 & 1634/PUN/2014 4 Mahatma Gandhi Mission under section 11 of the Act, even though cost of the asset had been allowed as application of income in the preceding year. The Revenue is in appeal against the order of CIT(A).…

Income-Tax Officer vs. Mahatma Gandhi Mission, Aurangabad

In the result, both the appeals of Revenue are dismissed

ITA 1633/PUN/2014[2010-11]Status: DisposedITAT Pune26 Mar 2018AY 2010-11

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita Nos.1633 & 1634/Pun/2014 यििाारण वषा / Assessment Years : 2010-11 & 2011-12 The Income Tax Officer, अऩीऱाथी/Appellant Ward 1(1), Aurangabad …. Vs. Mahatma Gandhi Mission, Mgm Campus, N-6, Cidco, …. प्रत्यथी / Respondent Aurangabad Pan: Aaatm4256E अऩीऱाथी की ओर से / Appellant By : Shri Rajeev Kumar, Cit प्रत्यथी की ओर से / Respondent By : Shri Pramod Shingte

For Appellant: Shri Rajeev Kumar, CITFor Respondent: Shri Pramod Shingte
Section 11Section 12ASection 143(3)Section 35

…scorts Ltd. Vs. Union of India (supra) was taken note of by the Hon’ble High Court of Delhi in CIT Vs. Vishwa Jagriti Mission reported in 73 DTR 195 (Del) and the Hon’ble High Court of Punjab & Haryana High Court in CIT Vs. Market Committee, Pipli reported in 330 ITR 16 (P&H) and it was held that in the case of a Trust, depreciation claimed on the assets is to be allowed as deduction ITA Nos.1633 & 1634/PUN/2014 4 Mahatma Gandhi Mission under section 11 of the Act, even though cost of the asset had been allowed as application of income in the preceding year. The Revenue is in appeal against the order of CIT(A).…