CIT v. Society of the Sisters of St. Anne

M/S Sevasadan Orphanage and Training Institute, Bangalore vs. DDIT, Bangalore

In the result, appeal of the assessee is allowed

Bench: Smt. Asha Vijayaraghavan & Shri Inturi Rama Raom/S Sevasadan Orphanage & Training Institute, #347, Sarjapur Road, Koramangala, Bangalore-560 034. . Appellant Vs. The Dy. Commissioner Of Income-Tax (Exemption), Circle – 17(2), Bangalore. . Respondent

…income of the subsequent year. The expenditure that can be so adjusted can only be expenditure on religious and ITA No.971/B/15 10 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.” It is clear from the relevant portions of the aforesaid decisions of the Hon'ble High Court of Bombay (supra) and the…

DCIT, Bangalore vs. Sri. Adichunchanagiri Shikshana Trust, Mandya

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

Bench: Smt Asha Vijayaraghavan & Shri Abraham P George

…IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH ‘A’, BANGALORE BEFORE SMT ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER AND SHRI ABRAHAM P GEORGE, ACCOUNTANT MEMBER ITA No.594(B)/2015 (Assessment year : 2008-09) The Deputy Commissioner of Income-tax, Cirle-2(2), Bangalore Appellant Vs Sri Adichunchunagiri Shikshana Trust, Adichunchunagiri Kshetra, Nagamangala Taluk, Mandya Respondent PAN No.AAATS 3584P Revenue by : Shri Sudhakar Rao, CIT-DR-I Assessee by : Shri L. Bharath, CA Date of hearing : 20-10-2015 Date of pronouncement : 10-11-2015 O R D E R PER SMT ASHA VIJAYARAGHAVAN, JM: This appeal has been fi…

M/S Pratham Books (Trust), Bangalore vs. DDIT, Bangalore

In the result, the appeal by the assessee is allowed

Bench: Smt. Asha Vijayaraghavan & Shri Jason P. Boazassessment Year : 2011-12

…her in current year or earlier years. Hence the question of claim of double benefit of deduction does not arise. The ld. AR for the assessee relied on the decision of the Hon’ble Karnataka High Court in the case of CIT v. Society of the Sisters of St. Anne (146 ITR 28), the Hon’ble Bombay High Court decision in the case of CIT v. Munisuvrat Jain (1994) Tax LR 1084, the Hon’ble Punjab and Haryana High Court decision in the case of CIT v. Market Committee, Pipli (330 ITR 16) and the jurisdictional Bangalore Bench of the ITAT in the case of Sri Adichunchanagiri Shikshana Trust v. ACIT (ITA No.775/Bang/2009). 5.…

DDIT vs. Karnataka Food & Civil Supplies Ltd

In the result, appeal filed by the Revenue stands dismissed

Bench: Smt. Asha Vijayaraghavan & Shri. Abraham P. Georgei.T.A No.124/Bang/2014 (Assessment Year : 2010-11) Deputy Director Of Income-Tax (E), Circle -17(1), Bangalore .. Appellant V. Karnataka Food & Civil Supplies Ltd, No.16/1, Miller Tank Bed Area, Vasanthanagar, Bangalore 560 052 .. Respondent Pan : Aaack8523F Assessee By : Smt. Pratibha, Advocate Revenue By : Shri. I. P. S. Bindra, Cit-Dr-I Heard On : 15.10.2015 Pronounced On : 20.10.2015 O R D E R Per Abraham P. George:

…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).” 05. We find that the above decision has considered the judgment of Hon’ble Madras High Court in the case of Govindu Naicker Estate (supra), relied on by the Ld. DR before us. In so far as the argument of the Ld. DR that only the deficit of immediately preceding assessment year can be considered, in our opinion, this issue also stands cover…

Prarthana Education Society, Bangalore vs. Dy.DIT, Bangalore

In the result, the appeal filled by the assessee is partly

Bench: Shri Vijay Pal Rao & Shri G. Manjunatha

…ed by the assessment order, the assessee preferred an appeal before the CIT(A) and contended that, the issue of depreciation is settled now by the decision of Hon’ble Karnataka High Court decision in the case of CIT vs Society of Sisters of St. Anne (1984) 146 ITR 28 ITA No.730(B)/2015] Page 11 of 16 (Kar), wherein the Hon’ble Court held that depreciation on capital assets, claiming exemption u/s 11 should be computed by applying commercial Supra is not applicable to the facts of the present case, as it was rendered on a different set of facts. In support of its contention, the assessee relied upon the pl…

Al- Ameen Charitable Fund Trust, Bangalore vs. Dy.D.I.T., Bangalore

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Shri Vijay Pal Rao & Shri G.Manjunathaal-Ameen Charitable Fund Trust, No.3, Miller Tank Road, Cunningham Road, Bangalore-560052. … Appellant Pan: Aaata 2729E Vs. Deputy Director Of Income-Tax(Exemptions), Circle 17(1), Bangalore. … Respondent

…of the Assessing Officer. ON DEPRECIATION 6) The learned CIT(A) erred in upholding the disallowance of depreciation of Rs. 2,66,19,646/- overlooking the decision of the jurisdictional Karnataka High Court in the case of CIT Vs. Society of Sisters of St. Anne (146 ITR 28) and the decision of the ITAT, Bangalore in the appellant's own case in ITA 404/Bang/2009 dated: 21.8.2009 for the assessment year 2005- 06. 7) The learned CIT(A) erred in overlooking the decisions of the Madhya Pradesh and Gujarat High Court which were rendered following the Al Ameen Charitable Fund Trust Page 3 of 8 decision of the Karnataka Hig…

Deputy Director of Income Tax (Exemption), Bangalore vs. Ohio University Christ College Academy for Management Education, Bangalore

In the result, Revenue’s appeals for both Assessment Years 2008-09 and 2009-10 are dismissed

…t be allowed to be carried forward and set off against the income of subsequent assessment years. On the other hand, the CIT (Al has placed reliance on the decision of Hon'ble Jurisdictional High Court in the case of CIT v. SOCiety of the Sisters of St. Anne (146 ITR 28) which is totally misplaced inasmuch as the issue involved in that case was relating to allowability of depreciation as deduction while computing the income of the assessee for the purpose of section l1(l)(a). A.Y.2009-10: A) Disallowance of faculty teaching charges payable to Ohio University amounting to Rs.2,OS,58,120/-:- Please refer to the gr…

DDIT, Bangalore vs. M/S Accion Technical Advisors India, Bangalore

In the result, the appeal by the revenue is dismissed, while the appeal by the Assessee is allowed

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

…pect of capital expenditure on scientific research, no depreciation is allowable u/s 32 on the same asset. 6. 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 ITA Nos.907 & 1040/Bang/2014 Page 5 of 16 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…

Podar Education Trust, Bangalore vs. Asst. DIT, Bangalore

In the result, the appeals of the assessee are allowed

Bench: Shri Abraham P George & Shri Vijay Pal Rao

…n allowed as deduction being application of income u/s 11 in computing income of the earlier years. The learned AR of the assessee has then relied upon the judgment of the Hon'ble jurisdictional High Court in the case of CIT vs. Society of Sisters of St.Anne (146 ITR 28) and submitted that the Hon’ble High Court has held that depreciation ITA Nos.1022 & 1023/Bang/2014 Podar Education & Sports Trust & Podar Education Trust Page 5 of 14 is a necessary deduction for preserving the corpus of the trust for deriving the income. Therefore, the amount of depreciation debited to the accounts of the charitable institution…

The Jyothi Seva Society of Bangalore, Bangalore vs. Asst.C.I.T., Bangalore

In the result, the assessee's appeal for Assessment Year 2007-08 is allowed

Bench: Shri Vijay Pal Rao & Shri Jason P. Boaz

…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.” 5.3.3 It is clear from the relevant portions of the aforesaid decisions of the Hon'ble High Court of Bombay (supra) an…

Juothy Charitable Trust, Bangalore vs. DCIT, Bangalore

In the result, the appeal by the Assessee is allowed

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…

DCIT, Udupi vs. M/S Academy of General Education, Manipal

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…

DCIT, Udupi vs. M/S Manipal Academy of Higher Education, Manipal

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

Bench: Shri Vijaypal Rao & Shri Jason P. Boaz

…owed in respect of capital expenditure on scientific research, no depreciation is allowable under Section 32 of the Act on the same asset. 6.1.2 The assessee submitted that the Hon'ble High Court of Karnataka in its decision in the case of Society of St. Anns 146 ITR 28 (Kar), has taken the view that where capital expenditure on acquisition of a depreciable asset is considered as application of income for charitable purposes, allowing depreciation on the very same capital asset would not amount to double allowance. The assessee also contended that the decision of Escorts Ltd. & Another (supra) would not be applic…

DCIT, Udupi vs. M/S Manipal Academy of Higher Education, Manipal

In the result, the appeal of the revenue is dismissed

Bench: Shri Vijay Pal Rao & Shri Jason P Boaz

…ious decisions of the Hon’ble High Courts as well as by this Tribunal. He has relied upon the following decisions; 1. CIT Vs Institute of Banking 264 ITR 110.(Bom.) 2. CIT Vs Manav Mangal Society 328 ITR 421(P&H) 3. CIT Vs Society of the Sistersof St.Anne 146 ITR 28 4.ACIT Vs Shri Adichunchunagiri Shikshana Trust 19 ITR (Trib.)828 5. CIT Vs Sheth Manilal Ranchhoddas Vishram Bhavan Trust 198 ITR 598 (Guj.) 6. CIT Vs Maharana of Mewar Charitable Foundation 164 ITR 439 (Raj.) 8 ITA No.658(B)14 7. CIT Vs Rao Bahadur Calavala Cunnan Chetty Charities 135 ITR 485(Mad.) 8. CIT Vs Trustee of H.E.H The Nizam’s Su…

M/S Bangalore Baptist Hospital Society, Bangalore vs. Asst.D.It.., Bangalore

In the result, the assessee's appeals for Assessment Years 2009-10 and 2010-11 are allowed

Bench: Shri Vijay Pal Rao & Shri Jason P. Boaz

…The LAA has rejected the contentions of the appellant by incorrectly appreciating the principles emerging from the following rulings relied on by the appellant in support of its contentions : • Karnataka High Court in CIT V Society of the Sisters of St. Anne (146 ITR 28). • Bombay High Court in CIT V Munisuvrat Jain (1994) Tax LR 1084. • Delhi Court in DIT V Raghuvanshi Charitable Trust (197 Taxman 170); • Hon'ble Bangalore ITAT in the case of Sri Adichunchanagiri Shikshana Trust V ACIT (19 ITR (Trib) 828) and Dy. DIT V. Cutchi Memon Union (38 Taxmann.com 276).” 4. Grounds No.1 and 2(a) and (b) – Depreciation 4.1…

M/S Franciscan Service Society, Bangalore vs. Dyt, D, I, T, Bangalore

In the result, the assessee's appeal for Assessment Year 2011-12 is allowed

Bench: Smt. P. Madhavi Devi & Shri Jason P. Boaz

…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.” 5.3.3 It is clear from the relevant portions of the aforesaid decisions of the Hon'ble High Court of Bombay (supra) an…

M/S Amara Prema Charitable Society, Bangalore vs. DDIT, Bangalore

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

Bench: Smt. P. Madhavi Devi & Shri Abraham P Georgem/S.Amara Prema Charitable Society, #28, ‘Holy Cross Centre’ Milton Stree, Cooke Town, Bangalore-560005. … Appellant Pan:Aaaja0557C Vs. Deputy Director Of Income-Tax(Exemption), Circle 17(1), 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 M/s.Amara Prema Charitable Society, #28, ‘Holy Cross Centre’ Milton Stree, Cooke Town, Bangalore-560005. … Appellant PAN:AAAJA0557C Vs. Deputy Director of Income-tax(Exemption), Circle 17(1), Bangalore. … Respondent Appellant by: Shri Suresh Muthukrishnan, CA. Respondent by: Dr. P.K.Srihari, Add.CIT (DR). Date of hearing : 02/07/2015 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 of th…

M/S St. Augustine Social Service Society, Bangalore vs. Dyt, D, I, T, Bangalore

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

Bench: Smt. P. Madhavi Devi & Shri Abraham P Georgest.Augustin Social Service Society , ‘Augustine Nivas’, Hosur Road, Bangalore-560095. … Appellant Pan:Aaats5633F Vs. Deputy 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 St.Augustin Social Service Society , ‘Augustine Nivas’, Hosur Road, Bangalore-560095. … Appellant PAN:AAATS5633F Vs. Deputy 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 of the CIT(A)-14, Bangal…