DDIT(E) v. Cutchi Memon Union

60 SOT 260Income Tax Appellate Tribunal2013#2761 most cited

What is DDIT(E) v. Cutchi Memon Union authority for?

Charitable trusts can claim depreciation on capital assets even if their cost of acquisition was previously allowed as an application of income, as this does not amount to a double deduction.

43

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2015 to 2023.

Also referred to as

DDIT(E) v. Cutchi Memon Union · depreciation charitable trust · application of income · double deduction · ITAT Bangalore · 60 SOT 260 · depreciation exempt income · assessee claim depreciation · AO denied depreciation · Escorts Ltd distinguished · trust income application · 2013 ITAT ruling

Judgments citing DDIT(E) v. Cutchi Memon Union

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

ITA 2688/BANG/2017[2010-11]Status: DisposedITAT Bangalore12 Jun 2019AY 2010-11

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

For Appellant: Shri. M. Sridhar Kamath, CAFor Respondent: Shri. Pradeep Kumar, CIT
Section 10Section 10(2)Section 11(1)Section 12ASection 143(3)Section 35Section 35(1)(iv)

…der:- "7. We have heard the submission, of the Id. DR, who relied on the order of AO. We have considered the order of the AO. Identical issue come up for consideration before ITAT Bangalore Bench in the case of Iv, D/T(Exemptions) v. Cutchi Memon Union [2013] 60 SOT 260/38 taxmann.com 276 (Bang), wherein similar issue has been dealt with this Tribunal. In the aforesaid case, the assessee claimed depreciation and the AO denied depreciation on the ground that at the time of acquiring the relevant capital asset, cost of acquisition was considered as a application of income in the year of its acquisition. The AO took…

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