Income Tax v. Institute of Banking Personnel Selection (IBPS)

131 Taxmann 386High Court2003#498 most cited

What is Income Tax v. Institute of Banking Personnel Selection (IBPS) authority for?

The Income Tax Act, 1961, does not permit the carry forward of excess expenditure of a charitable trust to be set off against future surpluses, as such trusts are governed by a self-contained code under Sections 11 to 13, not the head 'Profits and Gains of Business'. However, depreciation on fixed assets is allowable to a charitable institution registered under section 12A.

188

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2016 to 2026.

Also referred to as

CIT v Institute of Banking Personnel Selection · IBPS · 131 Taxmann 386 · charitable trust · carry forward of deficit · carry forward of losses · section 11 to 13 · profits and gains of business · depreciation · section 12A · charitable institution

Issues it is cited on

Judgments citing Income Tax v. Institute of Banking Personnel Selection (IBPS)

Dy CIT (Exemption)-2(1), Mumbai vs. M/S. Uti Institute of Capital Markets (Now Known M/S. National Institute Securities Markets), Mumbai

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

ITA 17/MUM/2021[2011-12]Status: DisposedITAT Mumbai06 Jan 2022AY 2011-12

Bench: Sri Kuldip Singh, Jm & Sri Prashant Maharishi, Am आयकर अऩीऱ सुं./ Ita No. 17/Mum/2021 (ननधधायण वर्ा / Assessment Year 2011-12) Dy. Commissioner Of Income M/S Uti Institute Of Capital Tax (Exemption)-2(1), Markets Room No. 519, 5Th Floor, (Now Known As M/S National Piramal Chambers, Lalbaug, Institute Securities Markets) बनाम/ Lower Parel, Nism Bhavan, Plot No. 82, Vs. Mumbai-400 012 Sector 17, Vashi, Navi Mumbai-400 705 (अऩीऱाथी / Appellant) (प्रत्यथी/ Respondent) स्थायी ऱेखा सुं./Pan No. Aaaan4685M अऩीरधथी की ओय से / Appellant By : None प्रत्मथी की ओय से / Respondent By : Shri Achal Sharma, Dr सुनवधई की तधयीख / Date Of Hearing: 30.12.2021 घोर्णध की तधयीख / Date Of Pronouncement : 06.01.2022 आदेश / O R D E R प्रशाुंत महर्षि, ऱेखा सदस्य के द्वारा / Per Prashant Maharishi, Am: 01. This Appeal Is Filed By The Dy. Commissioner Of Income Tax (Exemption) 2(1), Mumbai Against The Order Passed By The Commissioner Of Income Tax (Appeals)-1, Mumbai [In Short ‘The Cit(A)’] On 19.08.2020, Wherein The Appeal Filed By The Assessee Against The Assessment Order Passed Under Section 143(3) Of The Income-Tax Act, 1961 (Hereafter Referred As ‘Act’) Dated 19.03.2014 Was Allowed. M/S Uti Institute Of Capital Markets; Ay 11-12 02. The Only Issue Raised By The Learned Assessing Officer Is Allowance Of Carry Forward Of Deficit To The Assessee’S Trust.

For Appellant: NoneFor Respondent: Shri Achal Sharma, DR
Section 12ASection 143(3)

…risdictional High Court in the case of DIT (E) vs. MIDC in ITA No. 2652 of 2011 dated 20.03.2013 wherein placing reliance on the decision of CIT vs. M/s UTI Institute of Capital Markets; AY 11-12 Institute of Banking Personnel selection reported in 264 IR 110/131 Taxmann 386 (Bombay) the appeal filed by the department on the issue of carry forward of deficit was dismissed. Further, the issue has also been decided by the Hon’ble Supreme Court in the case of CIT(E) vs. Subros Educational Society in Misc. Appeal No. 941 of 2018 in Civil Appeal No.5171 of 2016 wherein the Misc. Application filed by the department sta…