ITO (E) 2(3), Mumbai vs. Shree Manav Seva Sangh, Mumbai
In the result the appeal filed by the revenue is dismissed
ITA 5551/MUM/2017[2012-13]Status: DisposedITAT Mumbai20 Mar 2019AY 2012-13
Bench: Shri Pawan Singh & Shri N.K. Pradhanincome Tax Officer (E)-2(3), M/S Shree Manav Seva Sangh Room No.513, 5Th Floor, 255/257, Sion Main Road, Vs. Piramal Chambers, Lalbaug, Soin (West), Mumbai 400022 Lower Parel, Mumbai-400022 Pan:Aaats 1440Q Appellant Respondent Co No. 15/Mum/2019 In Ita No. 5551/Mum/20178 (A Y 2012-13) M/S Shree Manav Seva Sangh Income Tax Officer (E)-2(3), 255/257, Sion Main Road, Soin Room No.513, 5Th Floor, Vs. (West), Mumbai 400022 Piramal Chambers, Lalbaug, Pan:Aaats 1440Q Lower Parel, Mumbai-400022 Appellant Respondent Assessee By : Sh. Dinesh Shah & Shreya Doshi (Ar’S) Revenue By : Sh. Satish Chandra Rajora (Sr-Dr) Date Of Hearing : 14.03.2019 Date Of Pronouncement : 20.03.2019
For Appellant: Sh. Dinesh Shah & Shreya Doshi (AR’s)For Respondent: Sh. Satish Chandra Rajora (Sr-DR)
Section 11Section 143(3)Section 254(1)
…affirmative i.e., in favour of the assessee and against the Department. 4. Question No. 2 herein is identical to the question which was raised before the Bombay High Court in the case of Director of Income-tax (Exemption) v. Framjee Cawasjee Institute [1993] 109 CTR 463. In that case, the facts were as follows: The assessee was the Trust. It derived its income from depreciable assets. The assessee took into account depreciation on those assets in computing the income of the Trust. The ITO held that depreciation could not be taken into account because, full capital expenditure had been allowed in the year of acqu…