Escorts Ltd. v. UOI

199 ITR 43Supreme Court of India1993#306 most cited

What is Escorts Ltd. v. UOI authority for?

A statute should not be construed to permit double deduction for the same expenditure unless specifically provided by law.

267

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2011 to 2026.

Also referred to as

Escorts Ltd. v. UOI · 199 ITR 43 · Section 11 · Section 48 · double deduction · same expenditure · application of income · charitable trust · cost of acquisition

Also reported as

1 SCC 249

Sections most often in play

Section 11Section 11(1)(a)Section 12ASection 12AASection 48Section 10(23C)(iv)Section 11(2)Section 14

Issues it is cited on

section 36(1)(v)application of incomerevenue expendituresection 36(1)section 36commissioner (appeals)section 10section 11previous yearsection 143(2)transferprescribed

Judgments citing Escorts Ltd. v. UOI

Dakshina Kannada Nirmithi Kendra, Mangaluru vs. Income Tax Officer, Ward 1(1), Mangaluru

In the result, all appeals filed by the assessees in all the assessees’ appeals are dismissed except for assessment year

ITA 2088/BANG/2018[2012-13]Status: DisposedITAT Bangalore16 Jun 2022AY 2012-13

Bench: Shri Chandra Poojari & Shri George George K.Assessment Year: 2013-14

For Appellant: Shri Tata Krishna, A.RFor Respondent: Smt. Priyadarshini Basaganni, D.R
Section 11Section 143(2)Section 2Section 2(15)

…urt in Lissie Medical Institutions vs. CIT [2012] 348 ITR 344 to deny depreciation on assets which have been claimed as application of income. The Hon’ble Kerala High Court had relied on the decision of the Hon’ble Supreme Court in Escorts Ltd. vs. UOI (1993) 199 ITR 43 (SC). It is submitted that the ratio of the decision of Hon’ble Supreme Court in Escorts Ltd. vs. UOI (1993) 199 ITR 43 (SC) is not applicable in the present context. The said decision has been distinguished in the below referred decisions:  Karnataka Reddy Janasangha in ITA No.220/Bang/ 2011, ITAT- Bangalore Bench;  CIT vs. Market Committee, Pi…

Dakshina Kannada Nirmithi Kendra, Mangaluru vs. Income Tax Officer, Ward 1(1), Mangaluru

In the result, all appeals filed by the assessees in all the assessees’ appeals are dismissed except for assessment year

ITA 2087/BANG/2018[2011-12]Status: DisposedITAT Bangalore16 Jun 2022AY 2011-12

Bench: Shri Chandra Poojari & Shri George George K.Assessment Year: 2013-14

For Appellant: Shri Tata Krishna, A.RFor Respondent: Smt. Priyadarshini Basaganni, D.R
Section 11Section 143(2)Section 2Section 2(15)

…urt in Lissie Medical Institutions vs. CIT [2012] 348 ITR 344 to deny depreciation on assets which have been claimed as application of income. The Hon’ble Kerala High Court had relied on the decision of the Hon’ble Supreme Court in Escorts Ltd. vs. UOI (1993) 199 ITR 43 (SC). It is submitted that the ratio of the decision of Hon’ble Supreme Court in Escorts Ltd. vs. UOI (1993) 199 ITR 43 (SC) is not applicable in the present context. The said decision has been distinguished in the below referred decisions:  Karnataka Reddy Janasangha in ITA No.220/Bang/ 2011, ITAT- Bangalore Bench;  CIT vs. Market Committee, Pi…

Dakshina Kannada Nirmithi Kendra, Mangaluru vs. Income Tax Officer, Ward 1(1), Mangaluru

In the result, all appeals filed by the assessees in all the assessees’ appeals are dismissed except for assessment year

ITA 2086/BANG/2018[2010-11]Status: DisposedITAT Bangalore16 Jun 2022AY 2010-11

Bench: Shri Chandra Poojari & Shri George George K.Assessment Year: 2013-14

For Appellant: Shri Tata Krishna, A.RFor Respondent: Smt. Priyadarshini Basaganni, D.R
Section 11Section 143(2)Section 2Section 2(15)

…urt in Lissie Medical Institutions vs. CIT [2012] 348 ITR 344 to deny depreciation on assets which have been claimed as application of income. The Hon’ble Kerala High Court had relied on the decision of the Hon’ble Supreme Court in Escorts Ltd. vs. UOI (1993) 199 ITR 43 (SC). It is submitted that the ratio of the decision of Hon’ble Supreme Court in Escorts Ltd. vs. UOI (1993) 199 ITR 43 (SC) is not applicable in the present context. The said decision has been distinguished in the below referred decisions:  Karnataka Reddy Janasangha in ITA No.220/Bang/ 2011, ITAT- Bangalore Bench;  CIT vs. Market Committee, Pi…

M/S. Udupi Nirmithi Kendra, Udupi vs. Assistant Commissioner of Income Tax, (Exemptions) Circle-1, Mangalore

In the result, all appeals filed by the assessees in all the assessees’ appeals are dismissed except for assessment year

ITA 1962/BANG/2018[2013-14]Status: DisposedITAT Bangalore16 Jun 2022AY 2013-14

Bench: Shri Chandra Poojari & Shri George George K.Assessment Year: 2013-14

For Appellant: Shri Tata Krishna, A.RFor Respondent: Smt. Priyadarshini Basaganni, D.R
Section 11Section 143(2)Section 2Section 2(15)

…urt in Lissie Medical Institutions vs. CIT [2012] 348 ITR 344 to deny depreciation on assets which have been claimed as application of income. The Hon’ble Kerala High Court had relied on the decision of the Hon’ble Supreme Court in Escorts Ltd. vs. UOI (1993) 199 ITR 43 (SC). It is submitted that the ratio of the decision of Hon’ble Supreme Court in Escorts Ltd. vs. UOI (1993) 199 ITR 43 (SC) is not applicable in the present context. The said decision has been distinguished in the below referred decisions:  Karnataka Reddy Janasangha in ITA No.220/Bang/ 2011, ITAT- Bangalore Bench;  CIT vs. Market Committee, Pi…

Sanjay Manakchand Kotecha, Jalgaon vs. Assistant Commissioner of Income-Tax

In the result, both the appeals of assessee are dismissed

ITA 435/PUN/2016[2011-12]Status: DisposedITAT Pune15 Jun 2022AY 2011-12

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Raviआयकर अपऩल सं. / Ita Nos.435 & 436/Pun/2016 ननधधारण वषा / Assessment Years : 2011-12 & 2012-13

For Appellant: None (Shri Bhupendra Shah)For Respondent: Shri M. Jasnani
Section 132Section 69

…rvations will be applicable only if the court which is called upon to decide the issue is satisfied that two views are reasonably possible, one of them being favourable to the assessee. As observed by the Supreme Court in Escorts Ltd. v. Union of India [1993] 199 ITR 43 (at page 60) : 7 ITA Nos. 435 & 436/PUN/2016, A.Y. 2011-12 & 2012-13 "In our view, there was no difficulty at all in the interpretation of the provisions. The mere fact that a baseless claim was raised by some over-enthusiastic assessees who sought a double allowance or that such claim may perhaps have been accepted by some authorities is not su…

Sanjay Manakchand Kotecha, Jalgaon vs. Assistant Commissioner of Income-Tax

In the result, both the appeals of assessee are dismissed

ITA 436/PUN/2016[2012-13]Status: DisposedITAT Pune15 Jun 2022AY 2012-13

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Raviआयकर अपऩल सं. / Ita Nos.435 & 436/Pun/2016 ननधधारण वषा / Assessment Years : 2011-12 & 2012-13

For Appellant: None (Shri Bhupendra Shah)For Respondent: Shri M. Jasnani
Section 132Section 69

…rvations will be applicable only if the court which is called upon to decide the issue is satisfied that two views are reasonably possible, one of them being favourable to the assessee. As observed by the Supreme Court in Escorts Ltd. v. Union of India [1993] 199 ITR 43 (at page 60) : 7 ITA Nos. 435 & 436/PUN/2016, A.Y. 2011-12 & 2012-13 "In our view, there was no difficulty at all in the interpretation of the provisions. The mere fact that a baseless claim was raised by some over-enthusiastic assessees who sought a double allowance or that such claim may perhaps have been accepted by some authorities is not su…

Ashok Vijaykumar Kotecha, Jalgaon vs. Assistant Commissioner of Income-Tax

In the result, the appeal filed by the assessee in ITA

ITA 1493/PUN/2015[2007-08]Status: DisposedITAT Pune27 Apr 2022AY 2007-08

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Ravisl.

For Appellant: Shri Bhupendra ShahFor Respondent: Shri M. G. Jasnani
Section 127Section 143(1)(a)Section 143(3)Section 153ASection 153CSection 234Section 271Section 271(1)(c)Section 292BSection 68

…rvations will be applicable only if the court which is called upon to decide the issue is satisfied that two views are reasonably possible, one of them being favourable to the assessee. As observed by the Supreme Court in Escorts Ltd. v. Union of India [1993] 199 ITR 43 (at page 60) : "In our view, there was no difficulty at all in the interpretation of the provisions. The mere fact that a baseless claim was raised by some over-enthusiastic assessees who sought a double allowance or that such claim may perhaps have been accepted by some authorities is not sufficient to attribute any ambiguity or doubt as to the t…

Ashok Vijaykumar Kotecha, Jalgaon vs. Assistant Commissioner of Income-Tax

In the result, the appeal filed by the assessee in ITA

ITA 1494/PUN/2015[2012-13]Status: DisposedITAT Pune27 Apr 2022AY 2012-13

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Ravisl.

For Appellant: Shri Bhupendra ShahFor Respondent: Shri M. G. Jasnani
Section 127Section 143(1)(a)Section 143(3)Section 153ASection 153CSection 234Section 271Section 271(1)(c)Section 292BSection 68

…rvations will be applicable only if the court which is called upon to decide the issue is satisfied that two views are reasonably possible, one of them being favourable to the assessee. As observed by the Supreme Court in Escorts Ltd. v. Union of India [1993] 199 ITR 43 (at page 60) : "In our view, there was no difficulty at all in the interpretation of the provisions. The mere fact that a baseless claim was raised by some over-enthusiastic assessees who sought a double allowance or that such claim may perhaps have been accepted by some authorities is not sufficient to attribute any ambiguity or doubt as to the t…

Ashok Vijaykumar Kotecha, Jalgaon vs. Assistant Commissioner of Income-Tax

In the result, the appeal filed by the assessee in ITA

ITA 1492/PUN/2015[2006-07]Status: DisposedITAT Pune27 Apr 2022AY 2006-07

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Ravisl.

For Appellant: Shri Bhupendra ShahFor Respondent: Shri M. G. Jasnani
Section 127Section 143(1)(a)Section 143(3)Section 153ASection 153CSection 234Section 271Section 271(1)(c)Section 292BSection 68

…rvations will be applicable only if the court which is called upon to decide the issue is satisfied that two views are reasonably possible, one of them being favourable to the assessee. As observed by the Supreme Court in Escorts Ltd. v. Union of India [1993] 199 ITR 43 (at page 60) : "In our view, there was no difficulty at all in the interpretation of the provisions. The mere fact that a baseless claim was raised by some over-enthusiastic assessees who sought a double allowance or that such claim may perhaps have been accepted by some authorities is not sufficient to attribute any ambiguity or doubt as to the t…

The ACIT, (Exemption) Circle-1, Ahmedabad vs. Vyakti Vikas Kendra India, Ahmedabad

The appeal of the Revenue is dismissed

ITA 687/AHD/2019[2008-09]Status: DisposedITAT Ahmedabad12 Jan 2022AY 2008-09
For Appellant: Shri S. N. Soparkar, Sr. Advocate with Shri Parin ShahFor Respondent: Shri Alpesh Parmar, Sr. D.R
Section 11Section 11(1)Section 11(1)(a)Section 11(2)Section 12ASection 234BSection 250(6)

…IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “C” BENCH (Conducted Through Virtual Court) Before: Shri Rajpal Yadav, Vice President And Ms. Annapurna Gupta, Accountant Member Assessment Year 2008-09 The Asstt. Commissioner Vyakti Vikas Kendra of Income-tax India, Plot No. 272, Sri (Exemptions), Circle-1, Vs Sri Gyan Mandir, B/h. Ahmedabad Saligram Flat, Opp. (Appellant) Mayor Park, Satellite, Ahmedabad-380015 PAN: AAATV1617L (Respondent) Revenue by: Shri Alpesh Parmar, Sr. D.R. Assessee by: Shri S. N. Soparkar, Sr. Advocate with Shri Parin Shah Date of hearing : 22-12-2021 Date of pronouncement : 12-0…

Deputy Commissioner of Income Tax (Exemptions), Circle-1, Bengaluru vs. Karnataka Industrial Areas Development Board, Bengaluru

In the result, both the appeals filed by revenue are dismissed

ITA 578/BANG/2021[2010-11]Status: DisposedITAT Bangalore05 Jan 2022AY 2010-11

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri
Section 11Section 11(1)(a)Section 143(3)Section 2(15)

…iation can be claimed by a charitable institution in determining percentage of funds applied for the purpose of charitable objects. Claim for depreciation will not amount to double benefit. The decision of the Hon'ble Supreme Court in the case of Escorts Ltd. 199 ITR 43 (SC) have been referred to and distinguished by the Hon'ble Court in the aforesaid decisions. 21. The issue raised by the revenue in the ground of appeal is thus no longer res integra and has been decided by the Hon'ble Punjab & Haryana High Court in the case of CIT v. Market Committee, Pipli, 330 ITR 16 (P&H). The Hon'ble Punjab & Haryana High C…

Deputy Commissioner of Income Tax (Exemptions), Circle-1, Bengaluru vs. Karnataka Industrial Areas Development Board, Bengaluru

In the result, both the appeals filed by revenue are dismissed

ITA 577/BANG/2021[2009-10]Status: DisposedITAT Bangalore05 Jan 2022AY 2009-10

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri
Section 11Section 11(1)(a)Section 143(3)Section 2(15)

…iation can be claimed by a charitable institution in determining percentage of funds applied for the purpose of charitable objects. Claim for depreciation will not amount to double benefit. The decision of the Hon'ble Supreme Court in the case of Escorts Ltd. 199 ITR 43 (SC) have been referred to and distinguished by the Hon'ble Court in the aforesaid decisions. 21. The issue raised by the revenue in the ground of appeal is thus no longer res integra and has been decided by the Hon'ble Punjab & Haryana High Court in the case of CIT v. Market Committee, Pipli, 330 ITR 16 (P&H). The Hon'ble Punjab & Haryana High C…

M/S Karnataka State Road Transport Corporation, Bangalore vs. The Assistant Commissioner of Income Tax (Exemptions) Circle-17(1), Bangalore

In the result, the appeal filed by the assessee is partly allowed

ITA 718/BANG/2013[2009-10]Status: DisposedITAT Bangalore14 Oct 2021AY 2009-10

Bench: Shri George George K, Jm & Shri B.R.Baskaran, Am

For Appellant: Sri.Annamalai S., AdvocateFor Respondent: Sri.Muzaffar Hussain, CIT-DR
Section 10Section 11Section 11(6)Section 2(15)

…iation can be claimed by a charitable institution in determining percentage of funds applied for the purpose of charitable objects. Claim for depreciation will not amount to double benefit. The decision of the Hon’ble Supreme Court in the case of Escorts Ltd. 199 ITR 43 (SC) have been referred to and distinguished by the Hon’ble Court in the aforesaid decisions. 21. The issue raised by the revenue in the ground of appeal is thus no longer res integra and has been decided by the Hon’ble Punjab & Haryana High Court in the case of CIT v. Market Committee, Pipli, 330 ITR 16 (P&H). The Hon’ble Punjab & Haryana High Co…

Dy. Commissioner of Income Tax, Circle-16(1), Hyderabad vs. Nsl Renewable Power Private Limited, Hyderabad

In the result, the appeals of the revenue are partly allowed for statistical purposes in above terms

ITA 166/HYD/2020[2016-17]Status: DisposedITAT Hyderabad03 Sept 2021AY 2016-17

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

For Appellant: Shri Aliasgar RampurwalaFor Respondent: Shri P. Chandra Sekhar
Section 115JSection 143(3)Section 14ASection 80I

…come, then, the assessee can claim exemption from tax by way of claiming deduction from gross total income. 11. In this regard, reliance is placed on the Landmark judgment of Hon’ble Supreme Court in ESCORTS LTD. AND ANOTHER vs UNION OF INDIA AND OTHER [1993] 199 ITR 43 (SC), wherein it has been held that double deduction in regard to same business outgoing is not intended unless clearly expressed in the provisions of the Act. The relevant portion of the judgment is extracted below, for kind reference of the Hon’ble Bench: “there is a fundamental, though unwritten, axiom that no Legislature could have at all inte…

Dy. Commissioner of Income Tax, Circle-16(1), Hyderabad vs. Nsl Renewable Power Private Limited, Hyderabad

In the result, the appeals of the revenue are partly allowed for statistical purposes in above terms

ITA 165/HYD/2020[2014-15]Status: DisposedITAT Hyderabad03 Sept 2021AY 2014-15

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

For Appellant: Shri Aliasgar RampurwalaFor Respondent: Shri P. Chandra Sekhar
Section 115JSection 143(3)Section 14ASection 80I

…come, then, the assessee can claim exemption from tax by way of claiming deduction from gross total income. 11. In this regard, reliance is placed on the Landmark judgment of Hon’ble Supreme Court in ESCORTS LTD. AND ANOTHER vs UNION OF INDIA AND OTHER [1993] 199 ITR 43 (SC), wherein it has been held that double deduction in regard to same business outgoing is not intended unless clearly expressed in the provisions of the Act. The relevant portion of the judgment is extracted below, for kind reference of the Hon’ble Bench: “there is a fundamental, though unwritten, axiom that no Legislature could have at all inte…

DCIT (Exemptions) Chennai Circle, Chennai vs. M/S Educational Trust of Seventh Day Adventists, Chennai

In the result, appeal filed by Revenue for assessment

ITA 1590/CHNY/2018[2012-13]Status: DisposedITAT Chennai03 Mar 2021AY 2012-13

Bench: Shri V.Durga Rao & Shri G.Manjunathaआयकरअपीलसं./I.T.A.Nos.1589 & 1590/Chny/2018 ("नधा"रणवष" / Assessment Years: 2010-11 & 2012-13) Deputy Commissioner Of Income Tax Vs M/S. Educational Trust Of (Exemptions), Chennai Circle Seventh Day Adventists Aayakar Bhavan Annex, 3Rd Floor Aaa 148, Third Avenue Chennai-600 034. Anna Nagar West. Chennai-600 040. Pan: Aaate 0547Q (अपीलाथ"/Appellant) ""यथ"/Respondent/

For Appellant: Mr.R.M.Narayanan, FCAFor Respondent: 04.02.2021
Section 11Section 12Section 12ASection 143(3)

…deduction of depreciation on said assets amounts to double deduction and hence, same cannot be allowed as deduction. To support his stand, the Assessing Officer has relied upon the decision of Hon’ble Supreme Court in the case of M/s.Escorts Ltd. Vs. UOI., 199 ITR 43 . Further, the Assessing Officer has disallowed retirement fund, gratuity fund, inventories written off, bad debts written off, employees medical insurance & global basic life insurance on the ground that above payments are non-funded liability, but there is no actual application of income u/s.11 of the Act. Similarly, the Assessing Officer has…

DCIT (Exemptions) Chennai Circle, Chennai vs. M/S Educational Trust of Seventh Day Adventists, Chennai

In the result, appeal filed by Revenue for assessment

ITA 1589/CHNY/2018[2010-11]Status: DisposedITAT Chennai03 Mar 2021AY 2010-11

Bench: Shri V.Durga Rao & Shri G.Manjunathaआयकरअपीलसं./I.T.A.Nos.1589 & 1590/Chny/2018 ("नधा"रणवष" / Assessment Years: 2010-11 & 2012-13) Deputy Commissioner Of Income Tax Vs M/S. Educational Trust Of (Exemptions), Chennai Circle Seventh Day Adventists Aayakar Bhavan Annex, 3Rd Floor Aaa 148, Third Avenue Chennai-600 034. Anna Nagar West. Chennai-600 040. Pan: Aaate 0547Q (अपीलाथ"/Appellant) ""यथ"/Respondent/

For Appellant: Mr.R.M.Narayanan, FCAFor Respondent: 04.02.2021
Section 11Section 12Section 12ASection 143(3)

…deduction of depreciation on said assets amounts to double deduction and hence, same cannot be allowed as deduction. To support his stand, the Assessing Officer has relied upon the decision of Hon’ble Supreme Court in the case of M/s.Escorts Ltd. Vs. UOI., 199 ITR 43 . Further, the Assessing Officer has disallowed retirement fund, gratuity fund, inventories written off, bad debts written off, employees medical insurance & global basic life insurance on the ground that above payments are non-funded liability, but there is no actual application of income u/s.11 of the Act. Similarly, the Assessing Officer has…

DCIT (E) 2(1), Mumbai vs. Mumbai Educational Trust, Mumbai

In the result, this appeal, filed by the revenue stand dismissed

ITA 4714/MUM/2017[2009-10]Status: DisposedITAT Mumbai19 Oct 2020AY 2009-10
Section 11Section 11(1)(a)Section 12ASection 32Section 32f

…eal read as under :- 1. "Whether on the facts of the case and in law the Id.CIT(A) erred in allowing the appeal of the assessee on account of disallowing depreciation on fixed assets of Rs.9,09,48,642/- in contravention of the decision of Escorts Ltd. Vs. UOI 199 ITR 43 wherein it was held that since section 11 of the Income Tax Act provides for deduction capital expenditure incurred on assets acquired for the objects of the trust as application and does not specifically & expressly provide for double deduction on account of depreciation on the same very assets acquired from such capital expenditure, no deduction…

Assistant Commissioner of Income Tax, Bangalore vs. M/S. Karnataka Industrial Area Development Board, Bangalore

In the result, the appeal of the revenue is dismissed

ITA 1333/BANG/2016[2011-12]Status: DisposedITAT Bangalore19 Oct 2020AY 2011-12

Bench: Shri N. V. Vasudevan & Shri A. K. Garodiaassessment Year : 2011 – 12 Acit (E) Circle – 1, M/S Karnataka Industrial Area Development Board, 143, R. P. Building, 2Nd Floor, Bengaluru. Vs. Nrupatunga Road, Bengaluru – 560 001. Pan : Aaatk1350J Appellant Respondent Assessee By : Shri Padam Chand Khincha, C. A. Revenue By : Smt. Vandana Sagar, Cit Dr Date Of Hearing : 15.10.2020 Date Of Pronouncement : 19.10.2020 O R D E R Per Arun Kumar Garodia, A. M.: This Appeal Is Filed By The Revenue & The Same Is Directed Against An Order Of Learned Cit(A) – 14, Ltu, Bengaluru Dated 20.04.2016. 2. In This Appeal, Although Various Grounds Are Raised By The Revenue But There Are Only Two Grievances. First Grievance Is This That Learned Cit (A) Is Not Justified In Holding That Proviso To Section 2 (15) Is Not Applicable In The Present Case. Second Grievance Is This That Learned Cit (A) Is Not Justified In Holding That Depreciation Is Allowable In The Present Case By Ignoring The Judgment Of Hon’Ble Kerala High Court Rendered In The Case Of Lissie Medical Institution Vs. Cit, 348 Itr 344 & Page 2 Of 3

For Appellant: Shri Padam Chand Khincha, C. AFor Respondent: Smt. Vandana Sagar, CIT DR
Section 2

…ion is allowable in the present case by ignoring the judgment of Hon’ble Kerala High Court rendered in the case of Lissie Medical Institution vs. CIT, 348 ITR 344 and Page 2 of 3 judgment of Hon’ble Supreme Court rendered in the case of Escorts Ltd. vs. UOI, 199 ITR 43 3. In course of hearing, learned DR of the revenue supported the assessment order on both issues and learned AR of the assessee supported the order of CIT (A) on both issues. Learned AR of the assessee also submitted that on pages 373 to 388 of the paper book is the judgment of Hon’ble Karnataka High Court rendered in assessee’s own case in ITA No…

Deputy Commissioner of Income-Tax, Pune vs. Probodhan Shikshan Prasarak Sanstha, Ratnagiri

In the result, appeal of the Revenue in ITA No

ITA 779/PUN/2017[2005-06]Status: DisposedITAT Pune02 Jan 2020AY 2005-06

Bench: Shri Anil Chaturvedi, Am & Shri Partha Sarathi Chaudhury, Jm आयकर अपीऱ सं. / Ita No.779/Pun/2017 नििाारण वषा / Assessment Year : 2005-06 The Deputy Commissioner Of Income Tax, (Exemption) Circle, Pune. .......अऩीऱाथी / Appellant बिाम / V/S.

For Appellant: Shri M.K. KulkarniFor Respondent: Shri S.P. Walimbe
Section 11Section 11(5)Section 13Section 139(1)Section 143(1)Section 147

…ome on account of addition to capital assets at Rs.91,10,210/- and at the same time claimed depreciation on the same at Rs.78,27,773/-. Applying the ratio of the 5 CO No.18/PUN/2019 A.Y.2005-06 decision of the Hon'ble Supreme Court in the case of Escorts Ltd 199 ITR 43 (SC], the Assessing Officer denied the claim of depreciation. 6. With regard to ground No.1 at Para 5.2.1, the Ld. CIT(Appeals) observed that the registration u/s.12A of the Act was cancelled with regard to the assessee trust. Thereafter, at Para 5.2.2, the Ld. CIT(Appeals) observed that the matter was thereafter taken up for consideration before…