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

109 CTR 463High Court1993#491 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 366,470 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

The Assistant Commissioner of Income Tax (Exemption) Circle- 1, Mangalore vs. M/S Hubli Dharwad Urban Development Authority, Hubli

In the result, the appeal filed by the revenue stands partly allowed for statistical purposes in the terms indicated above

ITA 1668/BANG/2017[2012-13]Status: DisposedITAT Bangalore08 Nov 2019AY 2012-13

Bench: Shri N.V. Vasudevan, Vice- & Shri Arun Kumar Garodiaassessment Year : 2012-13 The Assistant M/S. Hubli Dharwad Urban Commissioner Of Development Authority, Income Tax Vs. Navanagar, (Exemptions), Hubbali. Circle – 1, Pan: Aaalh0053J Mangaluru. Appellant Respondent Assessee By : Shri Gangadhar .J.M, Advocate Revenue By : Shri C.H. Sundar Rao, Cit (Dr) Date Of Hearing : 04.11.2019 Date Of Pronouncement : 08.11.2019

For Appellant: Shri Gangadhar .J.M, AdvocateFor Respondent: Shri C.H. Sundar Rao, CIT (DR)
Section 10(2)Section 11Section 12ASection 13(8)Section 2(15)Section 251(1)(a)Section 35Section 35(1)(iv)

…hus, to be answered against the Revenue and in favour of the assessee". 14. Similar views have been taken by different High Courts as under: CIT Vs Institute of Banking Personnel Selection [2003] 264 ITR 110 (Bom)- DIT (E) Vs Framjee Cawasjee Institute [1993] 109 CTR 463 (Bom)- CIT Vs Tiny Tots Education Society [2011] 330 ITR 21 (P&H) 15. As held by the Hon'ble HC of Punjab and Haryana in the case of Market Committee, Pipli, the assessee has not claimed double deduction on account of depreciation. The income of assessee being exempt, the assessee has only claimed that, deprecation should be reduced from the inco…