Director of Income-tax (Exemption) v. Framjee Cawasjee Institute

109 CTR 463High Court1993#485 most cited

What is Director of Income-tax (Exemption) v. Framjee Cawasjee Institute authority for?

A charitable trust is allowed to claim depreciation on its assets for computing its income, even if the capital expenditure incurred on acquiring those assets was treated as an application of income in the year of acquisition.

191

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2012 to 2025.

Also referred to as

Director of Income-tax v. Framjee Cawasjee Institute · 109 CTR 463 · charitable trust depreciation · section 11 · section 32 · application of income · capital expenditure · computation of trust income · depreciable assets · income from assets

Issues it is cited on

Judgments citing Director of Income-tax (Exemption) v. Framjee Cawasjee Institute

VISWAMANAVA SAMAIKYATA SAMSAT,GUNTUR vs. INCOME TAX OFFICER(EXEMPTIONS), GUNTUR

In the result, appeal of the assessee is allowed

ITA 278/VIZ/2023[2014-15]Status: DisposedITAT Visakhapatnam28 May 2024AY 2014-15

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. No. 278/Viz/2023 (निर्धारणवर्ा/ Assessment Year :2014-15) M/S. Viswamanava Samikyata Vs. Income Tax Officer Samsat, Guntur. (Exemptions), Pan: Aaatv 1597 P Guntur. (अपीलधर्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधर्थीकीओरसे/ Assessee By : Sri Gvn Hari, Advocate प्रत्यधर्थीकीओरसे/ Revenue By : Dr. Satyasai Rath, Cit-Dr सुिवधईकीतधरीख/ Date Of Hearing : 02/04/2024 घोर्णधकीतधरीख/Date Of : 28/05/2024 Pronouncement O R D E R

For Appellant: Sri GVN Hari, AdvocateFor Respondent: Dr. Satyasai Rath, CIT-DR
Section 11(1)(d)Section 12ASection 143(3)Section 148

…e Ld. CIT(A) as per the provisions of section 250(5) of the Act admitted the additional ground raised by the assessee. The Ld. CIT(A) placing reliance on the decision of the Bombay High Court in the case of DIT (Exemption) vs. FramjeeCawasjee Institute (1993) 109 CTR 463 (Bom.) wherein it was held that “the Tribunal, however, took the view that when the ITO stated that full expenditure had been allowed in the year of acquisition of assets, what he really meant was that the amounts spent on acquiring those assets had been treated as application of income of the trust in the year in which the income was spent in ac…

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