CIT v. Society of the Sisters of St. Anne

Deputy Commissioner of Income Tax (Exemptions), Circle-1, Bengaluru vs. Karnataka Industrial Areas Development Board, Bengaluru

In the result, both the appeals filed by revenue are dismissed

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

…of section 11(1) has to be computed in normal commercial manner, the amount of depreciation debited in the books is deductible while computing such income. It was so held by the Hon'ble Karnataka High Court in the case of CIT v. Society of Sisters of St. Anne 146 ITR 28 (Kar). It was held in CIT v. Tiny Tots Education Society Page 9 of 10 ITA Nos. 577 & 578/Bang/2021 [2011] 330 ITR 21 (P&H), following CIT v. Market Committee, Pipli [2011] 330 ITR 16 (P&H) : (2011) 238 CTR (P&H) 103 that depreciation can be claimed by a charitable institution in determining percentage of funds applied for the purpose of charitab…

Deputy Commissioner of Income Tax (Exemptions), Circle-1, Bangalore vs. M/S. Green Wood High Trust, Bangalore

In the result, the appeal filed by the revenue is dismissed

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranassessment Year: 2014-15

…amortization of the expenditure as claimed by the assessee and deleted the disallowance made by the Assessing Officer by placing reliance on the decision of the Hon'ble Karnataka High Court in the case of CIT Vs. Society of the Sisters of St. Anne reported in 146 ITR 28 (1984) and CBDT Circular No.5-P(LXX)-6 of 1968. 5.3.1 We have heard the rival contentions of both the learned Departmental Representatives for Revenue and the learned Authorised Representative for the assessee and perused and carefully considered the material on record, including the judicial pronouncements cited. The facts of the issue before us…

M/S Karnataka State Road Transport Corporation, Bangalore vs. The Assistant Commissioner of Income Tax (Exemptions) Circle-17(1), Bangalore

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

Bench: Shri George George K, Jm & Shri B.R.Baskaran, Am

…f section 11(1) has to be computed in normal commercial manner, the amount of depreciation debited in the books is deductible while computing such income. It was so held by the Hon’ble Karnataka High Court in the case of CIT Vs. Society of Sisters of St. Anne 146 ITR 28 (Kar). It was held in CIT vs. Tiny Tots Education Society (2011) 330 ITR 21 (P&H) , following CIT vs. Market Committee, Pipli 8 ITA No.718/Bang/2013. M/s.Karnataka State Road Transport Corporation. (2011) 330 ITR 16 (P&H) : (2011) 238 CTR (P&H) 103 that depreciation can be claimed by a charitable institution in determining percentage of funds app…

The Deputy Commissioner of Income Tax (Exemptions), Circle- 1, Bangalore vs. M/S. Childrens Education Society, Bangalore

In the result, all the three appeals of the revenue are dismissed

Bench: Shri B. R. Baskaran & Smt. Beena Pillai

…amortization of the expenditure as claimed by the assessee and deleted the disallowance made by the Assessing Officer by placing reliance on the decision of the Hon'ble Karnataka High Court in the case of CIT Vs. Society of the Sisters of St. Anne reported in 146 ITR 28 (1984) and CBDT Circular No.5-P(LXX)-6 of 1968. 5.3.1 We have heard the rival contentions of both the learned Departmental Representatives for Revenue and the learned Authorised Representative for the assessee and perused and carefully considered the material on record, including the judicial pronouncements cited. The facts of the issue before us…

The Deputy Commissioner of Income Tax (Exemptions), Circle- 1, Bangalore vs. M/S. Childrens Education Society, Bangalore

In the result, all the three appeals of the revenue are dismissed

Bench: Shri B. R. Baskaran & Smt. Beena Pillai

…amortization of the expenditure as claimed by the assessee and deleted the disallowance made by the Assessing Officer by placing reliance on the decision of the Hon'ble Karnataka High Court in the case of CIT Vs. Society of the Sisters of St. Anne reported in 146 ITR 28 (1984) and CBDT Circular No.5-P(LXX)-6 of 1968. 5.3.1 We have heard the rival contentions of both the learned Departmental Representatives for Revenue and the learned Authorised Representative for the assessee and perused and carefully considered the material on record, including the judicial pronouncements cited. The facts of the issue before us…

The Deputy Commissioner of Income Tax (Exemptions), Circle- 1, Bangalore vs. M/S. Childrens Educations Society, Bangalore

In the result, all the three appeals of the revenue are dismissed

Bench: Shri B. R. Baskaran & Smt. Beena Pillai

…amortization of the expenditure as claimed by the assessee and deleted the disallowance made by the Assessing Officer by placing reliance on the decision of the Hon'ble Karnataka High Court in the case of CIT Vs. Society of the Sisters of St. Anne reported in 146 ITR 28 (1984) and CBDT Circular No.5-P(LXX)-6 of 1968. 5.3.1 We have heard the rival contentions of both the learned Departmental Representatives for Revenue and the learned Authorised Representative for the assessee and perused and carefully considered the material on record, including the judicial pronouncements cited. The facts of the issue before us…

The Income Tax Officer (Exemptions), Ward- 1, Bangalore vs. M/S. Global City Educational Trust, Bangalore

In the result, appeal by the Revenue is dismissed

Bench: Shri N.V. Vasudevan & Shri B. R. Baskaranassessment Year : 2016-17 Ito (Exemptions), Vs. M/S. Global City Educational Trust, Ward – 1, 135, 135, Ramaiah Garden, Bengaluru. Jalakanteshwara Temple Street, 5Th Main, 6Th Cross, Malleshpalya, Bengaluru – 560 075. Pan : Aabtg 3599 H Appellant Respondent Appellant By : Shri. Pradeep Kumar, Cit(Dr)(Itat), Bengaluru. Respondent By : Shri. V. Srinivasan, Advocate Date Of Hearing : 19.07.2021 Date Of Pronouncement : 20.07.2021 O R D E R Per N.V. Vasudevanthis Is An Appeal By The Revenue Against The Order Dated 31.08.2020 Of Cit(A), Bengaluru, Relating To Assessment Year 2016-17. The Grounds Raised By The Revenue Reads As Follows:

…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.). 13. The Hon’ble Supreme Court in the case of CIT(E) Vs. Subros Education Society (2018) 168 DTR 257 (SC) confirmed the judgment of the Hon’ble Delhi High Court in IT Appeal No.382/2015 dated 23.09.2015 whereby it was held that excess expenditure incurred in earlier year can be allowed to be set off against income of subsequent year under…

The Deputy Commissioner of Income Tax (Exemptions), Circle -1, Bangalore vs. Sri Shridevi Charitable Trust, Bangalore

In the result appeal filed by revenue stands dismissed

Bench: Shri. B. R. Baskaran & Smt. Beena Pillaiassessment Year : 2017-18

…amortization of the expenditure as claimed by the assessee and deleted the disallowance made by the Assessing Officer by placing reliance on the decision of the Hon'ble Karnataka High Court in the case of CIT Vs. Society of the Sisters of St. Anne reported in 146 ITR 28 (1984) and CBDT Circular No. 5-P(LXX)-6 of 1968. 5.3.1 We have heard the rival contentions of both the learned Departmental Representatives for Revenue and the learned Authorised Representative for the assessee and perused and carefully considered the material on record, including the judicial pronouncements cited. The facts of the issue before us…

Deputy Commissioner of Income Tax Central Circle-1, Mangalore vs. M/S Navodaya Grama Vikas Charitable Trust, Bangalore

Bench: Shri N.V. Vasudevan, Vice- & Shri B.R.Baskaran

…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.). ITA Nos. 1108 & 1109/Bang/2018 Page 4 of 4 7. We are therefore of the view that there is no merit in these appeals by the revenue and according we dismiss the appeals of the revenue. Pronounced in open court on the 29th day of January, 2020. (B.R.BASKARAN) VICE-PRESIDENT Bangalore, Dated, the 29th January, 2020. /D S/ Copy to: 1. Appell…

Deputy Commissioner of Income Tax Central Circle-1(1), Bangalore vs. M/S Navodaya Grama Vikas Charitable Trust, Bangalore

Bench: Shri N.V. Vasudevan, Vice- & Shri B.R.Baskaran

…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.). ITA Nos. 1108 & 1109/Bang/2018 Page 4 of 4 7. We are therefore of the view that there is no merit in these appeals by the revenue and according we dismiss the appeals of the revenue. Pronounced in open court on the 29th day of January, 2020. (B.R.BASKARAN) VICE-PRESIDENT Bangalore, Dated, the 29th January, 2020. /D S/ Copy to: 1. Appell…

ACIT-(E), Circle-1, Bangalore vs. M/S. Bhagwan Mahaveer Memorial Jain Educational and Cultural Trust, Bangalore

In the result, the appeal of the Revenue are dismissed while the appeals by the assessee are partly allowed

Bench: Shri N.V. Vasudevan, Vice- & Shri Jason P.Boaz

…ation is allowable u/s 32 on the same asset. ITA Nos.1514, 1515, 1730, 1731 & 1732/Bang/2016 Page 3 of 23 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 wa…

Bmtc, Bengaluru vs. Addl.D.I.T., Bengaluru

In the result, ITA Nos.532/Bang/2014 and 779/Bang/2013 are

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

…llowable u/s 32 on the same asset. ITA Nos.779/Bang/2013, 532 & 599/Bang/2014 & 1536/Bang/2016 Page 12 of 17 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…

M/S Ashwini Educational Association, Davangere vs. The Deputy Commissioner of Income Tax Circle-1, Davangere

In the result appeal filed by assessee stands allowed for statistical purposes

Bench: Shri B.R.Baskaran & Smt Beena Pillai, Judical Member Ita No.102(Bang)/2019 (Assessment Year : 2009-10) M/S Ashwini Educational Association, Ayurvedic Medical College, Doddabathi Post, P B Road, Davanagere Pan No.Aaata5248G Appellant Vs The Deputy Commissioner Of Income Tax, Circle-1, Davanagere Respondent Appellant By : Shri V. Srinivasan, Advocate Revenue By : Miss. Neera Malhotra, Cit

…as been submitted by Ld.AR that said Form No.10 was filed before Ld.AO, during assessment proceedings subsequent to directions by Ld.CIT. He placed reliance upon order of Hon’ble Karnataka High Court in case of CIT vs Society of Sisters of St Anne reported in 146 ITR 28 in respect of claim of depreciation. He submitted that Form No.10 though not filed during original assessment, however during assessment proceedings for order giving effect to CIT order, the said form was filed by assessee. He submitted that requirement of filing Form 10 at the time of assessment is only declaratory. Thus it was contended that det…

Deputy Commissioner of Income Tax (E) Circle-1, Bangalore vs. M/S Karnataka Jesuit Educational Society, Bangalore

In the result appeal filed by revenue stands dismissed

Bench: Shri B.R.Baskaran & Smt Beena Pillai, Judical Member

…e amortization of the expenditure as claimed by the assessee and deleted the disallowance made by theAssessing Officer by placing reliance on the decision of the Hon'ble Karnataka High Court in the case of CIT v. Society of the Sisters of St. Anne reported in 146 ITR 28 (1984) and CBDT Circular No.5-P(LXX)-6 of 1968. 5.3.1 We have heard the rival contentions of both the learned Departmental Representatives for Revenue and the learned Authorised Representative for the assessee and perused and carefully considered the material on record, including the judicial pronouncements cited. The facts of the issue before us…

Assistant Commissioner of Income Tax, (Exemptions), Circle-1, Mangaluru vs. M/S. T.A. Pai Management Institute, Mangaluru

In the result, Revenue's appeal for Assessment Year 2010-11 is dismissed

Bench: Shri N. V. Vasudevan & Shri Jason P Boazi.T. A. No.2688/Bang/2017 (Assessment Year : 2010-11) The Assistant Commissioner Of Vs. M/S. T. A. Pai Management Institute, Income-Tax (Exemptions), Post Box No.9, Circle–1, 80 Badagabettu, Manipal, Mangalore. Pan : Aaatt 2248 R Appellant Respondent Revenue By : Shri. Pradeep Kumar, Cit Assessee By : Shri. M. Sridhar Kamath, Ca Date Of Hearing : 29.04.2019 Date Of Pronouncement : 12.06.2019 O R D E R

…f section 11(1) has to be computed in normal commercial manner, the amount of depreciation debited in the books is deductible while computing s the income. It was so held by the Hon'ble Karnataka High Court in the case of CIT v. Society of Sisters of St. Anne 146 ITR 28 (Kar). It was held in CIT v. Tiny Tots Education Society [20111330 ITR 21 (P&H), following -CIT v. Market Committee, Pipli [20111330 ITR 16 (P&H) : (2011) 238 CTR (P&H) 103 that depreciation can be claimed by a charitable institution in Page 7 of 12 determining percentage of funds applied for the purpose of charitable objects. Claim for depreciat…