DDIT(E) v. Cutchi Memon Union

60 SOT 260Income Tax Appellate Tribunal2013#2727 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 366,005 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

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

ITA 71/BANG/2015[2008-09]Status: DisposedITAT Bangalore29 May 2015AY 2008-09

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

For Appellant: Shri Farahat Hussain Qureshi, CIT(DR)For Respondent: Shri Narendra Sharma, Advocate
Section 143(3)Section 32Section 35(2)(iv)

…re the Tribunal. 8. We have heard the submissions of the ld. DR, who relied on the order of AO. We have considered the order of the AO. Identical issue came up for consideration before ITAT Bangalore Bench in the case of DDIT(E) v. Cutchi Memon Union (2013) 60 SOT 260 Bangalore ITAT, wherein similar issue has been dealt with by 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 application of income in the year of its acquisition. The AO took the view…

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

In the result, the appeal by the revenue is dismissed

ITA 676/BANG/2014[2011-12]Status: DisposedITAT Bangalore20 Mar 2015AY 2011-12

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

For Appellant: Dr. P.K. Srihari, Addl. CIT(DR)For Respondent: None
Section 11(1)Section 143(3)Section 32Section 35(2)(iv)

…al. 7. We have heard the submissions of the ld. DR, who relied on the order of AO. We have considered the order of the AO. Identical issue Page 4 of 11 came up for consideration before ITAT Bangalore Bench in the case of DDIT(E) v. Cutchi Memon Union (2013) 60 SOT 260 Bangalore ITAT, wherein similar issue has been dealt with by 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 application of income in the year of its acquisition. The AO took the view…

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

In the result, the appeal by the assessee is allowed

ITA 495/BANG/2014[2009-10]Status: DisposedITAT Bangalore20 Feb 2015AY 2009-10

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

For Appellant: Shri V. Srinivasan, C.A
Section 11(1)(a)Section 12ASection 143(3)Section 263Section 32Section 35(2)(iv)

…erred the present appeal before the Tribunal. 8. We have heard the submissions of the ld. DR, who relied on the order of CIT. The ld. counsel for the assessee relied on the decision of ITAT Bangalore Bench in the case of DDIT(E) v. Cutchi Memon Union (2013) 60 SOT 260 Bangalore ITAT, wherein similar issue has been dealt with by this Tribunal. 9. We have given a very careful consideration to the rival submissions. Identical issue was considered by this Tribunal in the case of Cutchi Memon Union (supra). In the aforesaid case, the assessee claimed depreciation and the AO denied depreciation on the ground that…