Escorts Ltd. v. UOI

DCIT (E) 1(1), Mumbai vs. Karamshi Jethabhai Somaiya Trust, Mumbai

The appeal of the Revenue is dismissed, the Cross-objection of the assessee is allowed

Bench: Shri G.S. Pannu & Shri Ram Lal Negi: A.Y : 2010-11

…rounds of appeal:- “1. Whether on the facts of the case and in law the ld.CIT(A) erred in allowing the appeal of the assessee on account of disallowing depreciation on fixed assets of Rs. 1,12,03,745/- 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…

ACIT (Exemption) - 1(1), Mumbai vs. Jaslok Hospital & Research Centre, Mumbai

Bench: Shri Br Baskaran & Shri Ram Lal Negi: (A.Y : 2011-12) The Asst. Commissioner Of Vs M/S. Jaslok Hospital & Income Tax (Exemption)-1(1), Research Centre, 5Th Floor, Room No. 506, 15, Dr. G. Deshmukh Marg, Piramal Chamber, Lalbaug, Mumbai 400 026. Mumbai (Respondent) (Appellant) Pan : Aaaaj0028Q

…ounds of appeal:- “1. Whether on the facts of the case and in law the Ld.CIT(A) erred in allowing the appeal of the assessee on account of disallowing depreciation on fixed assets of Rs. 17,59,34,8961- 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…

Asst Cir (E)-1(1), Mumbai vs. K.J. Somaiya Medical Trust, Mumbai

Appeal of the Revenue is dismissed

Bench: Shri G.S. Pannu & Shri Ram Lal Negi: A.Y : 2011-12

…Somaiya Medical Trust “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. 63,59,112/- 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…

ITO (Exemption)-2(2) Mumbai, Mumbai vs. Parmeshwaridevi Gordhandas Garodia Charitable Trust, Mumbai

Bench: Shri G.S. Pannu & Shri Ram Lal Negi: A.Y : 2012-13

…dia Charitable Trust “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. 60,43,976/- 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…

ITO (E) - 2(2), Mumbai vs. Punjab Kesari Charitable Trust, Mumbai

Bench: Shri G.S. Pannu & Shri Ram Lal Negi: A.Y : 2011-12

…sari Charitable Trust 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. 21,00,193/- 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…

ACIT (Exemption) - 1(1), Mumbai vs. Gujrat Research Society, Mumbai

In the result, the appeal is dismissed

Bench: Shri Saktijit Dey () & Shri N.K. Pradhan () Assessment Year: 2011-12 Dcit-1(1) Gujrat Research Society Room No. 506, 5Th Floor, Dr. Madhuri Shah Vs. Piramal Chamber, Lalbaug, Campus, Ram Krishna Mumbai-400012. Mission Marg, Mumbai-400052. Pan No. Aaatb1718N Appellant Respondent Revenue By : Ms. Arju Garodia, Dr Assessee By : Mr. Rupam J. Shukla, Ar Date Of Hearing : 05/09/2017 Date Of Pronouncement : 31/10/2017

…hether on the facts of the case and in law the ld. CIT(A) erred in allowing the appeal of the assessee on account of disallowing depreciation on fixed Gujrat Research Society 2 assets of Rs.27,21,241/- 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…

DCIT (E) -2(1), Mumbai vs. Shri Prayagdham Trust, Mumbai

In the result, appeal filed by the Revenue is dismissed

Bench: Shri G.S. Pannu & Shri Ram Lal Negi: A.Y : 2011-12

…the claim of depreciation relying on the decision of this Court in the case of CIT v/s. Institute of Banking Personnel Services reported in 264 ITR 110 (Bom) ignoring the ratio of Hon'ble Supreme Court judgment in the case of Escorts Ltd. V/s. Union of India (199 ITR 43) wherein Hon'ble Supreme Court has held that double deduction cannot be presumed if the same is not specifically provided by law, in addition to normal deduction?” stands on the same footing as is being canvassed before us in the instant case, including the reliance placed by the Revenue on the judgment of the Hon’ble Supreme Court in the case of…

ITO (E) 2(3), Mumbai vs. Shree Manav Seva Sangh, Mumbai

In the result, appeal filed by the Revenue is dismissed

Bench: Shri G.S. Pannu & Shri Ram Lal Negi: A.Y : 2009-10 Ito (Exemptions)-2(3), Vs. Shree Manav Seva Sangh Mumbai (Appellant) 255/257, Sion Main Road West, Mumbai 400 022 (Respondent) Pan : Aaats1440G Co No. 258/Mum/2017 : A.Y : 2009-10 (In Ita No. 4448/Mum/2016)

…aharashtra Industrial Development Corporation (MIDC). Further, it is contested that allowing 3 of depreciation would amount to a double deduction, which was impermissible having regard to the judgment of the Hon'ble Supreme Court in the case of Escorts Ltd., 199 ITR 43 (SC). 5. We find that the decision in the case of Escorts Ltd. (supra) being relied upon by the Revenue before us has been considered by the Hon'ble Delhi High Court in the case of Indraprastha Cancer Society, (2014) 112 DTR 345 dated 18.11.2014, wherein it has been opined that the allowance of depreciation in similar situation would not amount t…

DCIT (E) 1(1), Mumbai vs. Dr G.D. Pol Foundation, Mumbai

Bench: Shri B.R. Baskaran, Am & Shri Amarjit Singh, Jm आयकरअपीलसं/I.T.A. No.7664/M/2016 (निर्धारणवर्ा / Assessment Year: 2009-10) Dcit (E)1(1) बिधम/ Dr. G.D. Pol Foundation Room No. 506, 5Th Floor, 105, B.K.K. Tower, Parel Vs. Piramal Chambers, Lalbaug, Tank Rd, Parel Mumbai. Mumbai - 400012 Pin:400012 स्थायीलेखासं./जीआइआरसं./Pan/Gir No. : Abqpd9420J (अपीलाथी/Appellant) .. (प्रत्यथी /Respondent)

…e following grounds:- "Whether on the facts of the case and in law the Ld. CIT(A) erred in allowing the appeal of the assessee on account of disallowing depreciation on fixed assets of Rs.24,77,00,938/- 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 ITA. No.7664/M/2016 A.Y. 2009-10 deduction capital expenditure incurred on assets for double deduction on account of depreciation on the same very assets acquired from such capital expenditure, no deduction shall be allowed u/s 32 for the same or any other previous year…

DCIT (E) 2(1), Mumbai vs. Samundra Institute of Marine Studies Trust, Mumbai

In the result, the appeal filed by the revenue is dismissed

Bench: Shri Mahavir Singh () & Shri G Manjunatha ()

…grounds of appeal:- “I "Whether on the facts of the case and in law the ld.CIT(A) erred in allowing the appeal of the assessee on account of disallowing depreciation on fixed assets of Rs. 96,69,4361- 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 some very assets acquired from such capital expenditure, no 2 deducti…