CIT v. Society of the Sisters of St. Anne

M/S the Suvidya Educational and Service Society, Bangalore vs. Asst, D, I, T, Bangalore

In the result, the assessee’s appeal is accordingly allowed

Bench: Smt. P. Madhavi Devi & Shri Abraham P Georgethe Suvidya Educational & Service Society, Pb No.22906 Suvidya College, Electronic City P.O, Bangalore-561229. … Appellant Pan: Aaatt2407N Vs. Asst. Director Of Income-Tax(Exemption), Circle 17(2), Bangalore. … Respondent

…IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH : BANGALORE BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER and SHRI ABRAHAM P GEORGE, ACCOUNTANT MEMBER The Suvidya Educational & Service Society, PB No.22906 Suvidya College, Electronic City P.O, Bangalore-561229. … Appellant PAN: AAATT2407N Vs. Asst. Director of Income-tax(Exemption), Circle 17(2), Bangalore. … Respondent Appellant by: Shri Suresh Muthukrishnan, CA. Respondent by: Dr. P.K.Srihari, Add.CIT (DR). Date of hearing : 29/06/2015 Date of pronouncement: 08/07/2015. O R D E R Per Smt. P.MADHAVI DEVI, JM: This appeal by the assessee is against the order…

Mary Immaculate Society, Bangalore vs. Dydit, Bangalore

In the result, the appeals by the Assessee are allowed

Bench: Shri N.V. Vasudevan & Shri Abraham P.George

…l expenditure on scientific research, no depreciation is allowable u/s 32 on the same asset. 3. The assessee pointed out before CIT(A) that Hon'ble High Court of Karnataka in the case of All Saints Church, 148 ITR 786 (Kar) and Society of Sisters of St. Ann, 146 ITR 28 (Kar) has taken the view that where capital expenditure on acquisition of depreciable asset is considered as application of income for charitable purpose, allowing depreciation on the very same capital asset would not amount to double allowance. The ITA Nos.240 & 241/Bang/2015 Page 3 of 11 assessee also pointed out that the decision of Escorts Lt…

Vidyaniketan Education and Cultural Trust, Bangalore vs. Assistant Director of Income Tax (Exemption), Bangalore

In the result, the appeal by the Assessee is allowed, while the stay petition by the Assessee is dismissed

Bench: Shri N.V. Vasudevan & Shri Abraham P.George

…l expenditure on scientific research, no depreciation is allowable u/s 32 on the same asset. 4. The assessee pointed out before CIT(A) that Hon'ble High Court of Karnataka in the case of All Saints Church, 148 ITR 786 (Kar) and Society of Sisters of St. Ann, 146 ITR 28 (Kar) has taken the view that where capital expenditure on acquisition of depreciable asset is considered as application of income for charitable purpose, allowing depreciation on the very same capital asset would not amount to double allowance. The SP No. 230/Bang/2014& Page 3 of 12 assessee also pointed out that the decision of Escorts Ltd. (su…

DDIT, Bangalore vs. Jyothy Charitable Trust, Bangalore

In the result, the appeal by the revenue is dismissed

Bench: Shri N.V. Vasudevan & Shri Abraham P. Georgeassessment Year : 2010-11

…pect of capital expenditure on scientific research, no depreciation is allowable u/s 32 on the same asset. 3. The assessee pointed out that Hon'ble High Court of Karnataka in the case of All Saints Church, 148 ITR 786 (Kar) and Society of Sisters of St. Ann, 146 ITR 28 (Kar) has taken the view that where capital expenditure on acquisition of depreciable asset is considered as application of income for charitable purpose, allowing depreciation on the very same capital asset would not amount to double allowance. The assessee also pointed out that the decision of Escorts Ltd. (supra) will not be applicable as it w…

Asst.C.I.T., Bangalore vs. M/S the Karnataka State Cricket Association, Bangalore

In the result, both the appeals by the Revenue are dismissed

Bench: Shri N.V. Vasudevan & Shri Jason P. Boaz

…uld be contrary to the principles laid down by the Hon’ble Supreme Court in the case of Escorts Ltd., 199 ITR 43. 3. The CIT(Appeals), on the above issue, following the decision of the Hon’ble High Court of Karnataka in CIT v. Society of Sisters of St. Anns, 146 ITR 28, held that deduction claimed by the assessee had to be allowed. Aggrieved by the order of CIT(Appeals), the Revenue has preferred the present appeal before the Tribunal. 4. The assessee is a charitable trust. In the course of assessment u/s. 143(3) of the Act for AY 2008-09 the AO noticed from the details of depreciation claimed, that the depreci…

DDIT, Bangalore vs. Baldwin Methodist Educational Society, Bangalore

Bench: Smt. P. Madhavi Devi & Shri Abraham P Georgedeputy Director Of Income-Tax (Exemptions) Circle 17(1), Bangalore. … Appellant Vs. Baldwin Methodist Educational Society, No.13, Convent Road, Museum Road Post, Bangalore-25. … Respondent Pan: Aaajb0668B

…n set off against the income of the subsequent year. The expenditure that can be so adjusted can only be expenditure on religious and charitable purposes and no other. The High Court relied on the decision in the case of CIT Vs. Society of Sisters of ST. Anne 146 ITR 28 (Kar).” We find that the order of the CIT(A) is in consonance with the judicial precedents reproduced above. Therefore, we see no reason to interfere with the order of the CIT(A). The revenue’s appeal is, accordingly, dismissed. Pronounced in the open court on 31st March, 2015. sd/- sd/- (Abraham P George) JUDICIAL MEMBER eksrinivasulu Copy to:…

ACIT, Mangalore vs. M/S City Hospital Charitable Trust, Mangalore

In the result, the appeal by the revenue is dismissed

Bench: Shri N.V. Vasudevan & Shri Abraham P. Georgeassessment Year : 2011-12

…pect of capital expenditure on scientific research, no depreciation is allowable u/s 32 on the same asset. 3. The assessee pointed out that Hon'ble High Court of Karnataka in the case of All Saints Church, 148 ITR 786 (Kar) and Society of Sisters of St. Ann, 146 ITR 28 (Kar) has taken the view that where capital expenditure on acquisition of depreciable asset is considered as application of income for charitable purpose, allowing depreciation on the very same capital asset would not amount to double allowance. The assessee also pointed out that the decision of Escorts Ltd. (supra) will not be applicable as it w…

ITO, Mangalore vs. Academy of Liberal Education, Sullia

Accordingly, the same is dismissed

Bench: Shri N.V. Vasudevan & Shri Abraham P. Georgeassessment Year : 2011-12

…n set off against the income of the subsequent year. The expenditure that can be so adjusted can only be expenditure on religious and charitable purposes and no other. The High Court relied on the decision in the case of CIT Vs. Society of Sisters of ST. Anne 146 ITR 28 (Kar). 9. We are therefore of the view that there is no merit in this appeal by the Revenue. Accordingly, the same is dismissed. Pronounced in the open court on this 20th day of February, 2015. ( ABRAHAM P. GEORGE ) Judicial Member Bangalore, Dated, the 20th February, 2015. /D S/ Copy to: 1. Appellant 2. Respondents 3. CIT 4. CIT(A) 5. DR, IT…

M/S Krupanidhi Education Trust, Bangalore vs. DIT, Bangalore

In the result, the appeal by the assessee is allowed

Bench: Shri N.V. Vasudevan & Shri Abraham P. Georgeassessment Year : 2009-10

…e u/s 32 on the same asset. 3. Accordingly, a show cause notice u/s. 263 of the Act was issued by the DIT(E). The assessee pointed out that Hon'ble High Court of Karnataka in the case of All Saints Church, 148 ITR 786 (Kar) and Society of Sisters of St. Ann, 146 ITR 28 (Kar) has taken the view Page 3 of 8 that where capital expenditure on acquisition of depreciable asset is considered as application of income for charitable purpose, allowing depreciation on the very same capital asset would not amount to double allowance. The assessee also pointed out that the decision of Escorts Ltd. (supra) will not be appli…