CIT v. Rajasthan & Gujarati Charitable Foundation Poona

402 ITR 441Supreme Court of India2018#504 most cited

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.

187

judgments rely on this decision, according to BharatTax’s citation analysis of 366,444 Indian tax judgments — from 2017 to 2026.

Also referred to as

CIT v. Rajasthan & Gujarati Charitable Foundation Poona · section 11(1)(a) · depreciation allowance · application of income · charitable trust · double benefit · capital asset expenditure

Also reported as

300 CTR 1

Sections most often in play

Section 11(6)Section 12ASection 10(23C)(vi)Section 143(3)Section 13(1)(c)Section 145(3)Section 69Section 11

Issues it is cited on

section 11(6)advancement of general public utilitysection 11(1)(a)section 11(4a)section 11(1)proviso to section 2(15)section 13(3)application of incomesection 13(1)corpus donationsection 10(23c)section 11(2)

Judgments citing CIT v. Rajasthan & Gujarati Charitable Foundation Poona

Gujarat Cricket Association, Ahmedabad vs. The Asstt.Director of Income Tax(Exemption), Ahmedabad

In the result, the appeal of the Assessing Officer for the assessment year 2007-

ITA 1254/AHD/2013[2005-06]Status: DisposedITAT Ahmedabad24 Jan 2019AY 2005-06

Bench: Us. It Is, Accordingly, Dismissed For Want Of Prosecution.

Section 11Section 11(1)(d)Section 12ASection 143(3)

…as already been allowed as application of income in the earlier years. 23. Learned representatives fairly agree that this issue now stands concluded by Hon’ble Supreme Court’s judgment in the case of CIT Vs Rajasthani & Gujarati Charitable Foundation [(2018) 402 ITR 441 (SC)] wherein Their Lordships have, inter alia, observed as follows: …………………… It is a matter of record that all the assessees are charitable institutions registered under Section 12A of the Income Tax Act (hereinafter referred to as 'Act'). For this reason, in the previous year to the year with which we are concerned and in which year the deprec…

Gujarat Cricket Association, Ahmedabad vs. The Asstt.Director of Income Tax(Exemption), Ahmedabad

In the result, the appeal of the Assessing Officer for the assessment year 2007-

ITA 1253/AHD/2013[2004-05]Status: DisposedITAT Ahmedabad24 Jan 2019AY 2004-05

Bench: Us. It Is, Accordingly, Dismissed For Want Of Prosecution.

Section 11Section 11(1)(d)Section 12ASection 143(3)

…as already been allowed as application of income in the earlier years. 23. Learned representatives fairly agree that this issue now stands concluded by Hon’ble Supreme Court’s judgment in the case of CIT Vs Rajasthani & Gujarati Charitable Foundation [(2018) 402 ITR 441 (SC)] wherein Their Lordships have, inter alia, observed as follows: …………………… It is a matter of record that all the assessees are charitable institutions registered under Section 12A of the Income Tax Act (hereinafter referred to as 'Act'). For this reason, in the previous year to the year with which we are concerned and in which year the deprec…

M/S Durgoji Gopal Rao Educational and Charitable Trust, Davangere vs. The Assistant Commissioner of Income Tax Circle-2(1), Davangere

In the result, the assessee’s appeal for Assessment Year 2010-11 is partly allowed

ITA 1158/BANG/2018[2010-11]Status: DisposedITAT Bangalore19 Dec 2018AY 2010-11

Bench: Shri N. V. Vasudevan & Shri Jason P Boazassessment Year : 2010-11 M/S. Durgoji Gopal Rao Educational Vs. The Assistant Commissioner Of & Charitable Trust, Income Tax, K R Nagar, Harihar, Circle – 2[1], Davangere Dist. Davangere. Pan : Aadts 1938 A Appellant Respondent Assessee By : Shri. V. Srinivasan, Advocate Revenue By : Shri. C. H. Sundar Rao, Cit-Dr-I Date Of Hearing : 27.11.2018 Date Of Pronouncement : 19.12.2018

For Appellant: Shri. V. Srinivasan, AdvocateFor Respondent: Shri. C. H. Sundar Rao, CIT-DR-I
Section 11(1)(a)Section 11(6)Section 12ASection 143(3)Section 263Section 32

…of the Act on assets whose cost has been allowed as application towards charitable purposes, the learned AR for the assessee placed reliance on the decision of the Hon’ble Apex Court in the case of CIT Vs. Rajasthan and Gujarati Charitable Foundation (2018) (402 ITR 441) (SC). 6.2 Per contra, the learned DR supported the orders of the authorities below on this issue. 6.3.1 We have heard the rival contentions of both parties and perused and carefully considered the material on record; including the judicial pronouncements cited. In the case on hand, the authorities below have denied the assessee the claim of de…

Malik Educational Society, Ghaziabad vs. Addl. CIT, Ghaziabad

Appeal of the assessee is partly allowed

ITA 3406/DEL/2015[2010-11]Status: DisposedITAT Delhi28 Nov 2018AY 2010-11

Bench: Shri Amit Shukla & Shri Prashant Maharishimalik Educational Society, Vs. Addl. Cit, Iii-A-41, Nehru Nagar, Range-1, Ghaziabad Ghaziabad Pan: Aaatm3509N (Appellant) (Respondent)

For Appellant: Shri Pramod Kumar, CAFor Respondent: Shri Surender Pal, Sr. DR
Section 11Section 11(6)Section 12Section 143

…e above issue is squarely covered in favour of the assessee by the decision of the honourable Supreme Court in case of Commissioner of income tax vs Rajasthan Gujarati charitable foundation, Pune 2018] 89 taxmann.com 127 (SC)/[2018] 253 Taxman 165 (SC)/[2018] 402 ITR 441 (SC)/[2018] 300 CTR 1 (SC) has held as under:- “2. After hearing learned counsel for the parties, we are of the opinion that the aforesaid view taken by the Bombay High Court correctly states the principles of law and there is no need to interfere with the same. 3. It may be mentioned that most of the High Courts have taken the aforesaid view wit…

Mahatma Gandhi Centenary Vidyalaya, Trichy vs. ACIT Circle 1(2), Trichy

In the result, appeals filed by the assessees stand allowed

ITA 1978/CHNY/2018[2012-13]Status: DisposedITAT Chennai27 Nov 2018AY 2012-13

Bench: Shri Abraham P. George & Shri Duvvuru Rl Reddy] आयकर अपील सं./I.T.A. No.1974 & 1975/Chny/2018 िनधा"रण वष" /Assessment Years : 2010-11 & 2011-12 Saranathan Academy Of Vs. Deputy Commissioner Of Higher Education Income Tax, Circle-Iv Venkateswara Nagar, Trichy. Panjappur, Tiruchirapalli-620 002. (Pan: Aaets6115N)

For Appellant: Shri N.Quadir HoseynFor Respondent: Mrs. D.Jayanthi Angayarkanni, JCIT
Section 11Section 12A

…ken by the Learned Assessing Officer was confirmed by Learned Commissioner of Income Tax(Appeals). Contention of the Learned AR was that by virtue of the judgement of Hon’ble Supreme Court in CIT Vs. Rajasthan & Gujarati Charitable Foundation, Pune (2018) 402 ITR 441, the claim of depreciation could not be disallowed. 3. Learned DR fairly agreed that for the impugned assessment years, the issue stood covered by virtue of the judgement of the judgement of Hon’ble Supreme Court in CIT Vs. Rajasthan & Gujarati Charitable Foundation, Pune (supra). ITA No. 1974 to 1978/Chny/2018 :- 3 -: 4. We have heard the…

Mahatma Gandhi Centenary Vidyalaya, Trichy vs. ACIT Circle 1(2), Trichy

In the result, appeals filed by the assessees stand allowed

ITA 1977/CHNY/2018[2011-12]Status: DisposedITAT Chennai27 Nov 2018AY 2011-12

Bench: Shri Abraham P. George & Shri Duvvuru Rl Reddy] आयकर अपील सं./I.T.A. No.1974 & 1975/Chny/2018 िनधा"रण वष" /Assessment Years : 2010-11 & 2011-12 Saranathan Academy Of Vs. Deputy Commissioner Of Higher Education Income Tax, Circle-Iv Venkateswara Nagar, Trichy. Panjappur, Tiruchirapalli-620 002. (Pan: Aaets6115N)

For Appellant: Shri N.Quadir HoseynFor Respondent: Mrs. D.Jayanthi Angayarkanni, JCIT
Section 11Section 12A

…ken by the Learned Assessing Officer was confirmed by Learned Commissioner of Income Tax(Appeals). Contention of the Learned AR was that by virtue of the judgement of Hon’ble Supreme Court in CIT Vs. Rajasthan & Gujarati Charitable Foundation, Pune (2018) 402 ITR 441, the claim of depreciation could not be disallowed. 3. Learned DR fairly agreed that for the impugned assessment years, the issue stood covered by virtue of the judgement of the judgement of Hon’ble Supreme Court in CIT Vs. Rajasthan & Gujarati Charitable Foundation, Pune (supra). ITA No. 1974 to 1978/Chny/2018 :- 3 -: 4. We have heard the…

Saranathan Academy of Higher Education, Trichy vs. DCIT Circle IV, Trichy

In the result, appeals filed by the assessees stand allowed

ITA 1975/CHNY/2018[2011-12]Status: DisposedITAT Chennai27 Nov 2018AY 2011-12

Bench: Shri Abraham P. George & Shri Duvvuru Rl Reddy] आयकर अपील सं./I.T.A. No.1974 & 1975/Chny/2018 िनधा"रण वष" /Assessment Years : 2010-11 & 2011-12 Saranathan Academy Of Vs. Deputy Commissioner Of Higher Education Income Tax, Circle-Iv Venkateswara Nagar, Trichy. Panjappur, Tiruchirapalli-620 002. (Pan: Aaets6115N)

For Appellant: Shri N.Quadir HoseynFor Respondent: Mrs. D.Jayanthi Angayarkanni, JCIT
Section 11Section 12A

…ken by the Learned Assessing Officer was confirmed by Learned Commissioner of Income Tax(Appeals). Contention of the Learned AR was that by virtue of the judgement of Hon’ble Supreme Court in CIT Vs. Rajasthan & Gujarati Charitable Foundation, Pune (2018) 402 ITR 441, the claim of depreciation could not be disallowed. 3. Learned DR fairly agreed that for the impugned assessment years, the issue stood covered by virtue of the judgement of the judgement of Hon’ble Supreme Court in CIT Vs. Rajasthan & Gujarati Charitable Foundation, Pune (supra). ITA No. 1974 to 1978/Chny/2018 :- 3 -: 4. We have heard the…

Saranathan Academy of Higher Education, Trichy vs. DCIT Circle IV, Trichy

In the result, appeals filed by the assessees stand allowed

ITA 1974/CHNY/2018[2010-11]Status: DisposedITAT Chennai27 Nov 2018AY 2010-11

Bench: Shri Abraham P. George & Shri Duvvuru Rl Reddy] आयकर अपील सं./I.T.A. No.1974 & 1975/Chny/2018 िनधा"रण वष" /Assessment Years : 2010-11 & 2011-12 Saranathan Academy Of Vs. Deputy Commissioner Of Higher Education Income Tax, Circle-Iv Venkateswara Nagar, Trichy. Panjappur, Tiruchirapalli-620 002. (Pan: Aaets6115N)

For Appellant: Shri N.Quadir HoseynFor Respondent: Mrs. D.Jayanthi Angayarkanni, JCIT
Section 11Section 12A

…ken by the Learned Assessing Officer was confirmed by Learned Commissioner of Income Tax(Appeals). Contention of the Learned AR was that by virtue of the judgement of Hon’ble Supreme Court in CIT Vs. Rajasthan & Gujarati Charitable Foundation, Pune (2018) 402 ITR 441, the claim of depreciation could not be disallowed. 3. Learned DR fairly agreed that for the impugned assessment years, the issue stood covered by virtue of the judgement of the judgement of Hon’ble Supreme Court in CIT Vs. Rajasthan & Gujarati Charitable Foundation, Pune (supra). ITA No. 1974 to 1978/Chny/2018 :- 3 -: 4. We have heard the…

Mahatma Gandhi Centenary Vidyalaya, Trichy vs. ACIT Circle 1(2), Trichy

In the result, appeals filed by the assessees stand allowed

ITA 1976/CHNY/2018[2010-11]Status: DisposedITAT Chennai27 Nov 2018AY 2010-11

Bench: Shri Abraham P. George & Shri Duvvuru Rl Reddy] आयकर अपील सं./I.T.A. No.1974 & 1975/Chny/2018 िनधा"रण वष" /Assessment Years : 2010-11 & 2011-12 Saranathan Academy Of Vs. Deputy Commissioner Of Higher Education Income Tax, Circle-Iv Venkateswara Nagar, Trichy. Panjappur, Tiruchirapalli-620 002. (Pan: Aaets6115N)

For Appellant: Shri N.Quadir HoseynFor Respondent: Mrs. D.Jayanthi Angayarkanni, JCIT
Section 11Section 12A

…ken by the Learned Assessing Officer was confirmed by Learned Commissioner of Income Tax(Appeals). Contention of the Learned AR was that by virtue of the judgement of Hon’ble Supreme Court in CIT Vs. Rajasthan & Gujarati Charitable Foundation, Pune (2018) 402 ITR 441, the claim of depreciation could not be disallowed. 3. Learned DR fairly agreed that for the impugned assessment years, the issue stood covered by virtue of the judgement of the judgement of Hon’ble Supreme Court in CIT Vs. Rajasthan & Gujarati Charitable Foundation, Pune (supra). ITA No. 1974 to 1978/Chny/2018 :- 3 -: 4. We have heard the…

M/S.Maj Hospital, Ernakulam vs. The DCIT9Exemption), Kochi

In the result, the appeal filed by the assessee is allowed

ITA 499/COCH/2017[2011-12]Status: DisposedITAT Cochin09 Nov 2018AY 2011-12

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

For Appellant: Sri.K.M.JoseFor Respondent: Smt.A.S.Bindhu, Sr.DR
Section 11Section 11(1)Section 11(4)Section 12ASection 143(3)Section 271BSection 44ASection 44J

…11(1) of the I.T.Act. It is ordered accordingly. 6.2 As regards the disallowance of depreciation amounting to Rs.31,15,807, we find that the recent judgment of the Hon’ble Apex Court in the case of CIT v. Rajasthan And Gujarati Charitable Foundation [(2018) 402 ITR 441 (SC)] had held in favour of the assessee by holding that the amendment brought about to section 11(6) is not retrospective in effect and is only prospective and applicable for and from 2015- 2016 onwards. Therefore going by the dictum laid down by the Hon’ble Apex Court in the case of CIT v. Rajasthan And Gujarati Charitable Foundation (supra), w…

ACIT, Gurgaon vs. M/S. the Scientific & Educational Advancement Society, Gurgaon

In the result, Appeal of the Assessee is allowed

ITA 4944/DEL/2012[2008-09]Status: DisposedITAT Delhi15 Oct 2018AY 2008-09

Bench: Shri Bhavnesh Saini, J.M. & Shri L.P. Sahu, A.M.

For Appellant: Shri Somil AgarwalFor Respondent: Shri S.S. Rana, CIT-D.R
Section 10Section 11Section 11(1)Section 12Section 12ASection 143(1)

…h Judgment of Hon’ble Uttarakhand High Court have been overruled by the Hon’ble Supreme Court as relied upon by the A.O. He has also relied upon decision of Hon’ble Supreme Court in the case of CIT vs. Rajasthan and Gujarati Charitable Foundation Poona (2018) 300 CTR 1 (SC) in which the Hon’ble Supreme Court held that “normal depreciation could be considered as legitimate deduction in computing real income of assessee on general principles or under section 11(l)(a) of the I.T. Act.” PB-241 is Order dated 26.02.2007 of CCIT, Panchkula granting exemption under section 10(23C)(vi) of the I.T. Act for A.Ys. 2002-2003…

M/S. Scientific and Educational Advancement Society, New Delhi vs. ITO, Gurgaon

In the result, Appeal of the Assessee is allowed

ITA 4430/DEL/2012[2008-09]Status: DisposedITAT Delhi15 Oct 2018AY 2008-09

Bench: Shri Bhavnesh Saini, J.M. & Shri L.P. Sahu, A.M.

For Appellant: Shri Somil AgarwalFor Respondent: Shri S.S. Rana, CIT-D.R
Section 10Section 11Section 11(1)Section 12Section 12ASection 143(1)

…h Judgment of Hon’ble Uttarakhand High Court have been overruled by the Hon’ble Supreme Court as relied upon by the A.O. He has also relied upon decision of Hon’ble Supreme Court in the case of CIT vs. Rajasthan and Gujarati Charitable Foundation Poona (2018) 300 CTR 1 (SC) in which the Hon’ble Supreme Court held that “normal depreciation could be considered as legitimate deduction in computing real income of assessee on general principles or under section 11(l)(a) of the I.T. Act.” PB-241 is Order dated 26.02.2007 of CCIT, Panchkula granting exemption under section 10(23C)(vi) of the I.T. Act for A.Ys. 2002-2003…

The Assistant Commisioner of Income Tax (Exemptions) Circle-1, Mangalore vs. M/S Sri Jagadguru Murugarajendra Vidyapeeta, Chitradurga

In the result, appeals of the Revenue are dismissed

ITA 1639/BANG/2018[2009-10]Status: DisposedITAT Bangalore28 Sept 2018AY 2009-10

Bench: Shri. A. K. Garodia

For Appellant: Shri. Sandeep C, CAFor Respondent: Ms. Nandini Das, Addl. CIT
Section 11Section 11(1)

…he CIT(A) AND relies on AO order . 04. The Ld.AR brought to our notice that the issue of carry forward of excess application has now been finally settled by the Hon’ble Supreme Court in the matter of CIT v. Rajasthan and Gujarati Charitable Foundation [(2018) 402 ITR 441], wherein, the Hon’ble Supreme Court while answering the question no.2 has held as under: 4. Question No. 2 herein is identical to the question which was raised before the Bombay High Court in the case of Director of Income-tax (Exemption) v. Framjee Cawasjee Institute [1993] 109 ITA.1639 & 1640/Bang/2018 Page - 5 CTR 463. In that case, the fac…

Adhikar, Bhubaneswar vs. ITO, Ward-2(1), Bhubaneswar

In the result, appeal of the assessee is partly allowed

ITA 255/CTK/2017[2012-13]Status: DisposedITAT Cuttack27 Sept 2018AY 2012-13

Bench: S/Shri N.S Saini & Pavan Kumar Gadaleassessment Year : 2012-2013

For Appellant: Shri S.C.Bhadra, ARFor Respondent: Shri Subhendu Datta, DR
Section 11Section 11(1)(a)Section 28Section 29Section 30Section 32Section 32(1)Section 34Section 43C

…on is not allowable during the year under appeal as it will amount to double deduction to the assessee. 5. We find that the issue is now settled by the Hon’ble Supreme Court in the case of Rajasthan and Gujrati Charitable and Foundation Poona, reported in 402 ITR 441 (SC), wherein, it has been held that in the case of CIT vs. Institute of Banking Personnel and Selection (IBPS), 131 Taxman 386 (Bom), it was held that section 11 makes provisions in respect of computation of income of the the trust from property held for charitable or religious purposes and it also provides for application and accumulation of i…

The Commissioner of vs. The Karnataka State

ITA/106/2016HC Karnataka27 Sept 2018

Bench: ABHAY SHREENIWAS OKA (CJ),S.G.PANDIT

Section 11Section 11(2)Section 12Section 143(1)Section 143(2)Section 260

…law. But, we are clearly of the view that the issues involved in the appeals i.e., allowing of depreciation to a Trust and accumulation of income under Section 11(2) of the Act stand settled by the decision of the Hon'ble Supreme Court reported in (2018) 402 ITR 441 (SC) (COMMISSIONER OF INCOME-TAX vs. RAJASTHAN AND GUJARATI CHARITABLE FOUNDATION) and the decision of this Court in ITA No.551/2017 decided on 14.08.2018. Insofar as depreciation allowable to a Trust, the Hon'ble Supreme Court in the decision cited supra, considered the question as to “Whether on the facts and in the circumstances of th…

DCIT(E), New Delhi vs. Dr. R.L. Khera Charitable Trust, New Delhi

In the result, the appeal of the Revenue in ITA No

ITA 4132/DEL/2015[2011-12]Status: DisposedITAT Delhi20 Sept 2018AY 2011-12

Bench: Shri N.K. Billaiya & Shri N.K. Choudhary[Assessment Year: 2011-12] The Dy.C.I.T Vs. Dr. R.L. Khera Charitable Trust Circle 1(1) Pandav Nagar, Naraina Road New Delhi Near Shadipur Depot, New Delhi Pan : Aaatd 8903 D [Appellant] [Respondent]

For Appellant: Shri Hiren Mehta, CAFor Respondent: Ms. Asima Neb, Sr. DR
Section 11Section 11(1)Section 28Section 29Section 30Section 32Section 32(1)Section 34Section 43C

…orders of the authorities below. We find that this dispute is now well settled in favour of the assessee and against the Revenue by the decision of the Hon'ble Supreme Court in the case of CIT-3 Pune Vs. Rajasthan & Gujarati Charitable Foundation reported in 300 CTR 1. Relevant findings of the Hon'ble Supreme Court read as under: “From the judgments of the High Courts, it can be discerned that the High Courts have primarily followed the judgment of the Bombay High Court in ‘Commissioner of Income Tax v. Institute of Banking Personnel Selection (IBPS)’ [(2003) 131 Taxman 386 (Bombay)]. In the said judgment, the…

M/S Ardee Foundation, New Delhi vs. DDIT (E), New Delhi

In the result, the appeal is allowed

ITA 3086/DEL/2016[2011-12]Status: DisposedITAT Delhi04 Sept 2018AY 2011-12

Bench: : Shri Bhavnesh Saini & Shri L.P. Sahuassessment Year: 2011-12

Section 143(3)Section 263

…of the Act. In appeal against this order, the ld. 2 CIT(A) vide order dated 27.03.2018 allowed the depreciation as application of income in view of the decision of Hon’ble Supreme Court in the case of CIT vs. Rajashthan & Gujrat Charitable Foundation, Pune, 402 ITR 441(SC). 3. Having considered the submissions of both the sides and going through the material on record and also keeping in view the aforesaid facts, in our considered opinion, once the issue under consideration stands decided by the ld. CIT(A) in favour of the assessee, there remains nothing to be decided in the present appeal at this stage. Moreo…

M/S.Marymatha School Trust, Cochin vs. The ITO(Exemption), Cochin

In the result, the appeal filed by the assessee is partly allowed

ITA 285/COCH/2017[2012-13]Status: DisposedITAT Cochin30 Aug 2018AY 2012-13

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. No.285/Coch/2017 Assessment Year : 2012-13 M/S. Mary Matha School Trust, Vs. The Income Tax Officer Thrikkakara P.O. (Exemption), Kochi. Kochi-682 021. [Pan:Aabtm 0241L]

Section 11Section 11(1)(a)Section 143(3)Section 263Section 272A(2)(e)Section 272A(3)Section 272A(4)

…r of the CIT(E). 7. We have heard the rival submissions and perused the record. With regard to depreciation, in our opinion, this issue is covered by the judgment of the Supreme Court in the case of CIT vs. Rajasthan and Gujarati Charitable Foundation Poona (402 ITR 441) wherein it upheld the judgment of the Bombay High Court in the case of CIT vs. Institute of Banking Personnel Selection (264 ITR 110) by observing that income of an institution was to be computed on commercial principles, after providing for allowance of normal depreciation. It was observed that while section 11 of the Act provides for computati…

ITO (Exemptions), New Delhi vs. M/S. Indian Olympic Association, New Delhi

In the result, the appeal of the Revenue in ITA No

ITA 434/DEL/2016[2009-10]Status: DisposedITAT Delhi28 Aug 2018AY 2009-10

Bench: Shri N. K. Saini & Ms Suchitra Kambleito (Exemptions) Vs Indian Olympic Association Ward-1(2), Room No. 2417, 24Th Olympic Bhawan, Floor, B-29. Qutub Institutional E-2-Block, Pratyaksh Kar Area Bhawan, Dr. Shyama Prasad New Delhi Mukherjee Civil Centre, Jawahar Aaat13010J Lal Nehru Marg New Delhi (Respondent) (Appellant)

Section 11Section 12ASection 142(1)Section 143(2)Section 2(15)Section 32

…dismissed. 27 . Next grievance relates to allowance of depreciation. 28. This issue is now well settled in favour of the assessee and against the Revenue by the judgment of the Hon'ble Supreme Court in the case of Rajasthan and Gujarat Charitable Foundation 402 ITR 441 wherein the Hon'ble Supreme Court has held that even though the expenditure incurred for acquisition of capital assets was treated as application of income for 10 charitable purposes u/s 11A(1) of the Act, yet depreciation would be allowed on assets so purchased. Ground No. 2 is, accordingly, dismissed. 29. Grievance raised vide Ground No. 3 is…

DCIT (E) 1(1), Mumbai vs. Aditya Birla Foundation, Mumbai

In the result, Revenue’s appeal is dismissed

ITA 120/MUM/2017[2010-11]Status: DisposedITAT Mumbai27 Jul 2018AY 2010-11

Bench: Shri Saktijit Dey & Shri Ramit Kocharassessment Year : 2010-11 Dcit (Exemption)1(1), Aditya Birla Foundation, Mumbai C-1, Aditya Birla Centre, Vs. A K Ahire Marg, Worli, Mumbai 400 030

For Appellant: Shri R Manjunatha SwamyFor Respondent: Shri Ronak Doshi & Ms. Ayushi Modani
Section 11Section 11(1)(a)Section 12A

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES “E”, MUMBAI Before Shri Saktijit Dey, Judicial Member & Shri Ramit Kochar, Accountant Member Assessment Year : 2010-11 DCIT (Exemption)1(1), Aditya Birla Foundation, Mumbai C-1, Aditya Birla Centre, Vs. A K Ahire Marg, Worli, Mumbai 400 030 PAN AAATA0382P (Appellant) (Respondent) Appellant By : Shri R Manjunatha Swamy Respondent BY : Shri Ronak Doshi & Ms. Ayushi Modani Date of Hearing :09.07.2018 Date of Pronouncement : 27.07.2018 O R D E R Per Saktijit Dey, Judicial Member This appeal by the department is against the order, dated 05.10.2016, of learned…