Which sections of the Income Tax Act does CIT v. Rajasthan & Gujarati Charitable Foundation Poona come up under?

It is most often cited in judgments turning on Section 11(6), Section 12A, Section 10(23C)(vi), Section 143(3), Section 13(1)(c), Section 145(3).

CIT v. Rajasthan & Gujarati Charitable Foundation Poona (402 ITR 441)

Q: What is CIT v. Rajasthan & Gujarati Charitable Foundation Poona authority for?

Depreciation is allowable as a deduction even if the expenditure for acquiring the capital asset was treated as application of income for charitable purposes. This does not constitute a double benefit.

Q: How many judgments cite CIT v. Rajasthan & Gujarati Charitable Foundation Poona?

187 judgments on BharatTax cite CIT v. Rajasthan & Gujarati Charitable Foundation Poona (402 ITR 441), spanning 2017 to 2026.

Jha Educational Trust, Kolkata vs. ITO(Exemption), Ward - 1(1), Kolkata

In the result, the appeal of the assessee is allowed

ITA 320/KOL/2018[2009-10]Status: DisposedITAT Kolkata29 Nov 2019AY 2009-10

Bench: Shri P.M. Jagtap(Kz) & Shri A. T. Varkey, Jm]

Section 10Section 11Section 11(5)Section 12ASection 148Section 80GSection 80G(5)

…tion of Ld. CIT(A) on the simple ground that the claim made by the assessee for depreciation for the year under consideration is no longer res integra since the Hon’ble Supreme Court in the decision in CIT Vs. Rajasthan & Gujarati Charitable Foundation (2018) 402 ITR 441 (SC) has held at para 4(infra) that the amendment in section 11(6) of the Act vide Finance Act No. 2/2014 would be effective from AY 2015-16 and has approved the Hon’ble Delhi High court’s declaration that the said amendment is prospective in nature as under: “These are the petitions and appeals filed by the Income Tax Department against the or…

Techno Shares & Stocks Ltd, Mumbai vs. Addl CIT RG 4(2), Mumbai

In the result, the appeal of assessee is allowed

ITA 5938/MUM/2012[2008-09]Status: DisposedITAT Mumbai18 Oct 2019AY 2008-09

Bench: Shri G.S. Pannu() : A.Y : 2008-09

For Appellant: Shri P.J. Pardiwala &For Respondent: Shri B. Srinivas

Section 2Section 255(4)Section 32(1)(ii)Section 45Section 47Section 50Section 55(2)(ab)

…td. (supra), it is clear that cost of acquisition of instant shares would be the original cost and not the WDV. The learned Representative relied on the decision of the Hon'ble Supreme Court in the case of CIT vs. Rajasthan and Gujarati Charitable Foundation, 402 ITR 441 (SC) wherein the Supreme Court has held that it is permissible for an assessee, being a charitable institute, to claim application of income for acquisition of assets as well as the depreciation of the said assets in 11 Techno Shares & Stocks Ltd. subsequent years. Further, reliance was placed on the decision of the Hon'ble Bombay High Court in t…

Sardar Dastur Schools Trust, Pune vs. Income-Tax Officer, (Exemptions) Hq, Pune

In the result, the appeal of assessee is allowed

ITA 398/PUN/2019[2009-10]Status: DisposedITAT Pune11 Oct 2019AY 2009-10

Bench: Shri Anil Chaturvedi

For Appellant: Shri A.T. HozdarFor Respondent: Shri Vishwas Mundhe

Section 11(1)Section 11(1)(a)Section 12ASection 143(3)Section 148

…ch were acquired and which were allowed as application of income. I find that the identical issue was settled in favour of the assessee by the Hon’ble Supreme Court in the case of CIT Vs. Rajasthan and Gujarati Charitable Foundation Poona reported in (2018) 402 ITR 441 (SC), wherein the Hon’ble Apex Court has held that in case of assessee which is a charitable institution registered u/s 12A of the Act, even though expenditure incurred for acquisition of capital assets was treated as application of income for charitable purposes u/s 11(1)(a) of the Act, yet depreciation would be allowed on assets so purchased. I…