Lissie Medical Institutions v. CIT

348 ITR 344High Court2012#596 most cited

What is Lissie Medical Institutions v. CIT authority for?

The Kerala High Court held that charitable institutions claiming exemption under Section 11 are not entitled to claim depreciation on assets used for charitable purposes, taking a view contrary to most other High Courts.

164

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2013 to 2025.

Also referred to as

Lissie Medical Institutions v CIT · Section 11 Income Tax Act · depreciation charitable trust · charitable institution depreciation · Section 11(6) amendment · carry forward depreciation · accumulation of income · application of income · Kerala High Court depreciation

Also reported as

24 Taxmann.com 9209 Taxmann 19

Sections most often in play

Section 11 to 13 of the Income Tax ActSection 11(6) of the Income Tax ActSection 271(1)(c) r.w.s.274 of the ActSection 28 of the Income Tax ActSection 139(1)Section 139(5)Section 143(3)Section 17
Read the full judgment

Issues it is cited on

section 11(6)section 10(23c)(iv)accumulation of incomesection 11(1)(a)proviso to section 2(15)section 11(1)section 251(2)section 10(23c)section 2(15)application of incomesection 32section 28

Judgments citing Lissie Medical Institutions v. CIT

Foundation for Indian Sporting Talent (Fist), Bangalore vs. Deputy Director of Income Tax (Exemptions), Circle-17(1), Bangalore

In the result, the appeals by the Revenue are dismissed and that of the Assessee are partly allowed

ITA 1710/BANG/2017[2011-12]Status: DisposedITAT Bangalore25 Jan 2019AY 2011-12

Bench: Shri N.V. Vasudevan & Shri Jason P. Boaz

For Appellant: Shri C. Ramesh, CAFor Respondent: Shri R.N. Siddappaji, Addl.CIT(DR)(ITAT), Bengaluru
Section 12ASection 143(3)Section 32Section 35(2)(iv)

…already been recovered by way of exemption as application of income amounts to double deduction and double benefit on the same asset. The AO referred to the decision of the of Hon'ble High Court of Kerala in the case of DDIT(E) v. Lissie Medical Institutions, 348 ITR 344 (Ker) wherein it was held that allowing depreciation of a depreciable asset when the cost of acquisition of depreciable asset was ITA Nos.1665 & 1666 and 1710 & 1711/Bang/2017 Page 4 of 16 allowed as application of income for charitable purpose amounts to double depreciation and therefore depreciation cannot be allowed. The AO also distinguished…

Deputy Director of Income Tax (Exemptions), Circle-17(1), Bangalore vs. M/S. Foundation for Indian Sporting Talent (Ifst), Bangalore

In the result, the appeals by the Revenue are dismissed and that of the Assessee are partly allowed

ITA 1666/BANG/2017[2012-13]Status: DisposedITAT Bangalore25 Jan 2019AY 2012-13

Bench: Shri N.V. Vasudevan & Shri Jason P. Boaz

For Appellant: Shri C. Ramesh, CAFor Respondent: Shri R.N. Siddappaji, Addl.CIT(DR)(ITAT), Bengaluru
Section 12ASection 143(3)Section 32Section 35(2)(iv)

…already been recovered by way of exemption as application of income amounts to double deduction and double benefit on the same asset. The AO referred to the decision of the of Hon'ble High Court of Kerala in the case of DDIT(E) v. Lissie Medical Institutions, 348 ITR 344 (Ker) wherein it was held that allowing depreciation of a depreciable asset when the cost of acquisition of depreciable asset was ITA Nos.1665 & 1666 and 1710 & 1711/Bang/2017 Page 4 of 16 allowed as application of income for charitable purpose amounts to double depreciation and therefore depreciation cannot be allowed. The AO also distinguished…

Deputy Director of Income Tax (Exemtions), Circle-17(1), Bangaloe vs. M/S Foundation for Indian Sporting Talent (Fist), Bangalore

In the result, the appeals by the Revenue are dismissed and that of the Assessee are partly allowed

ITA 1665/BANG/2017[2011-12]Status: DisposedITAT Bangalore25 Jan 2019AY 2011-12

Bench: Shri N.V. Vasudevan & Shri Jason P. Boaz

For Appellant: Shri C. Ramesh, CAFor Respondent: Shri R.N. Siddappaji, Addl.CIT(DR)(ITAT), Bengaluru
Section 12ASection 143(3)Section 32Section 35(2)(iv)

…already been recovered by way of exemption as application of income amounts to double deduction and double benefit on the same asset. The AO referred to the decision of the of Hon'ble High Court of Kerala in the case of DDIT(E) v. Lissie Medical Institutions, 348 ITR 344 (Ker) wherein it was held that allowing depreciation of a depreciable asset when the cost of acquisition of depreciable asset was ITA Nos.1665 & 1666 and 1710 & 1711/Bang/2017 Page 4 of 16 allowed as application of income for charitable purpose amounts to double depreciation and therefore depreciation cannot be allowed. The AO also distinguished…

M/S. Gujarat Cricket Association, Ahmedabad vs. The Deputy Commissioner of Income Tax Exeptions, Circle-1, Ahmedabad

In the result, ITA No. 2841/Ahd/17, i

ITA 408/AHD/2017[2012-13]Status: DisposedITAT Ahmedabad24 Jan 2019AY 2012-13
Section 11Section 2(15)

…e. 3. It may be mentioned that most of the High Courts have taken the aforesaid view with only exception thereto by the High Court of Kerala which has taken a contrary view in 'Lissie Medical Institutions v. CIT [2012] 24 taxmann.com 9/209 Taxman 19 (Mag.)/348 ITR 344'. 4. It may also be mentioned at this stage that the legislature, realising that there was no specific provision in this behalf in the Income-tax Act, has made ITA Nos: 1257/Ahd/13, 3303/Ahd/16, 3304/Ahd/16, 408/Ahd/17 (Assessment years: 2009-10, 2010-11, 2011-12 and 2012-13) ITA Nos: 336 and 337/Ahd/2015 and 2957/Ahd/2014, (Assessment years:…

Saurashtra Cricket Association, Rajkot vs. The Dy. CIT (Exemption), Circle-2, Ahmedabad

In the result, ITA No. 2841/Ahd/17, i

ITA 2841/AHD/2017[2014-15]Status: DisposedITAT Ahmedabad24 Jan 2019AY 2014-15
Section 11Section 2(15)

…e. 3. It may be mentioned that most of the High Courts have taken the aforesaid view with only exception thereto by the High Court of Kerala which has taken a contrary view in 'Lissie Medical Institutions v. CIT [2012] 24 taxmann.com 9/209 Taxman 19 (Mag.)/348 ITR 344'. 4. It may also be mentioned at this stage that the legislature, realising that there was no specific provision in this behalf in the Income-tax Act, has made ITA Nos: 1257/Ahd/13, 3303/Ahd/16, 3304/Ahd/16, 408/Ahd/17 (Assessment years: 2009-10, 2010-11, 2011-12 and 2012-13) ITA Nos: 336 and 337/Ahd/2015 and 2957/Ahd/2014, (Assessment years:…

Saurashtra Cricket Association, Rajkot vs. The Dy. CIT (Exemption), Circle-2, Ahmedabad

In the result, ITA No. 2841/Ahd/17, i

ITA 2840/AHD/2017[2013-14]Status: DisposedITAT Ahmedabad24 Jan 2019AY 2013-14
Section 11Section 2(15)

…e. 3. It may be mentioned that most of the High Courts have taken the aforesaid view with only exception thereto by the High Court of Kerala which has taken a contrary view in 'Lissie Medical Institutions v. CIT [2012] 24 taxmann.com 9/209 Taxman 19 (Mag.)/348 ITR 344'. 4. It may also be mentioned at this stage that the legislature, realising that there was no specific provision in this behalf in the Income-tax Act, has made ITA Nos: 1257/Ahd/13, 3303/Ahd/16, 3304/Ahd/16, 408/Ahd/17 (Assessment years: 2009-10, 2010-11, 2011-12 and 2012-13) ITA Nos: 336 and 337/Ahd/2015 and 2957/Ahd/2014, (Assessment years:…

Saurashtra Cricket Association, Rajkot vs. The Dy. CIT (Exemption), Circle-2, Ahmedabad

In the result, ITA No. 2841/Ahd/17, i

ITA 2839/AHD/2017[2012-13]Status: DisposedITAT Ahmedabad24 Jan 2019AY 2012-13
Section 11Section 2(15)

…e. 3. It may be mentioned that most of the High Courts have taken the aforesaid view with only exception thereto by the High Court of Kerala which has taken a contrary view in 'Lissie Medical Institutions v. CIT [2012] 24 taxmann.com 9/209 Taxman 19 (Mag.)/348 ITR 344'. 4. It may also be mentioned at this stage that the legislature, realising that there was no specific provision in this behalf in the Income-tax Act, has made ITA Nos: 1257/Ahd/13, 3303/Ahd/16, 3304/Ahd/16, 408/Ahd/17 (Assessment years: 2009-10, 2010-11, 2011-12 and 2012-13) ITA Nos: 336 and 337/Ahd/2015 and 2957/Ahd/2014, (Assessment years:…

M/S. Gujarat Cricket Association, Ahmedabad vs. The Jt.. Director of Income Tax (Exemption), Ahmedabad

In the result, ITA No. 2841/Ahd/17, i

ITA 3304/AHD/2016[2011-12]Status: DisposedITAT Ahmedabad24 Jan 2019AY 2011-12
Section 11Section 2(15)

…e. 3. It may be mentioned that most of the High Courts have taken the aforesaid view with only exception thereto by the High Court of Kerala which has taken a contrary view in 'Lissie Medical Institutions v. CIT [2012] 24 taxmann.com 9/209 Taxman 19 (Mag.)/348 ITR 344'. 4. It may also be mentioned at this stage that the legislature, realising that there was no specific provision in this behalf in the Income-tax Act, has made ITA Nos: 1257/Ahd/13, 3303/Ahd/16, 3304/Ahd/16, 408/Ahd/17 (Assessment years: 2009-10, 2010-11, 2011-12 and 2012-13) ITA Nos: 336 and 337/Ahd/2015 and 2957/Ahd/2014, (Assessment years:…

M/S. Gujarat Cricket Association, Ahmedabad vs. The Jt.. Director of Income Tax (Exemption), Ahmedabad

In the result, ITA No. 2841/Ahd/17, i

ITA 3303/AHD/2016[2010-11]Status: DisposedITAT Ahmedabad24 Jan 2019AY 2010-11
Section 11Section 2(15)

…e. 3. It may be mentioned that most of the High Courts have taken the aforesaid view with only exception thereto by the High Court of Kerala which has taken a contrary view in 'Lissie Medical Institutions v. CIT [2012] 24 taxmann.com 9/209 Taxman 19 (Mag.)/348 ITR 344'. 4. It may also be mentioned at this stage that the legislature, realising that there was no specific provision in this behalf in the Income-tax Act, has made ITA Nos: 1257/Ahd/13, 3303/Ahd/16, 3304/Ahd/16, 408/Ahd/17 (Assessment years: 2009-10, 2010-11, 2011-12 and 2012-13) ITA Nos: 336 and 337/Ahd/2015 and 2957/Ahd/2014, (Assessment years:…

Baroda Cricket Association, Baroda vs. The Dy.CIT, Circle-5., Baroda

In the result, ITA No. 2841/Ahd/17, i

ITA 337/AHD/2015[2011-12]Status: DisposedITAT Ahmedabad24 Jan 2019AY 2011-12
Section 11Section 2(15)

…e. 3. It may be mentioned that most of the High Courts have taken the aforesaid view with only exception thereto by the High Court of Kerala which has taken a contrary view in 'Lissie Medical Institutions v. CIT [2012] 24 taxmann.com 9/209 Taxman 19 (Mag.)/348 ITR 344'. 4. It may also be mentioned at this stage that the legislature, realising that there was no specific provision in this behalf in the Income-tax Act, has made ITA Nos: 1257/Ahd/13, 3303/Ahd/16, 3304/Ahd/16, 408/Ahd/17 (Assessment years: 2009-10, 2010-11, 2011-12 and 2012-13) ITA Nos: 336 and 337/Ahd/2015 and 2957/Ahd/2014, (Assessment years:…

Baroda Cricket Association, Baroda vs. The Dy.CIT, Circle-5., Baroda

In the result, ITA No. 2841/Ahd/17, i

ITA 336/AHD/2015[2009-10]Status: DisposedITAT Ahmedabad24 Jan 2019AY 2009-10
Section 11Section 2(15)

…e. 3. It may be mentioned that most of the High Courts have taken the aforesaid view with only exception thereto by the High Court of Kerala which has taken a contrary view in 'Lissie Medical Institutions v. CIT [2012] 24 taxmann.com 9/209 Taxman 19 (Mag.)/348 ITR 344'. 4. It may also be mentioned at this stage that the legislature, realising that there was no specific provision in this behalf in the Income-tax Act, has made ITA Nos: 1257/Ahd/13, 3303/Ahd/16, 3304/Ahd/16, 408/Ahd/17 (Assessment years: 2009-10, 2010-11, 2011-12 and 2012-13) ITA Nos: 336 and 337/Ahd/2015 and 2957/Ahd/2014, (Assessment years:…

Baroda Cricket Association, Baroda vs. The Jt. CIT, Range-5, Baroda

In the result, ITA No. 2841/Ahd/17, i

ITA 2957/AHD/2014[2010-11]Status: DisposedITAT Ahmedabad24 Jan 2019AY 2010-11
Section 11Section 2(15)

…e. 3. It may be mentioned that most of the High Courts have taken the aforesaid view with only exception thereto by the High Court of Kerala which has taken a contrary view in 'Lissie Medical Institutions v. CIT [2012] 24 taxmann.com 9/209 Taxman 19 (Mag.)/348 ITR 344'. 4. It may also be mentioned at this stage that the legislature, realising that there was no specific provision in this behalf in the Income-tax Act, has made ITA Nos: 1257/Ahd/13, 3303/Ahd/16, 3304/Ahd/16, 408/Ahd/17 (Assessment years: 2009-10, 2010-11, 2011-12 and 2012-13) ITA Nos: 336 and 337/Ahd/2015 and 2957/Ahd/2014, (Assessment years:…

The Dy..Director of Income Tax(Exemption), Ahmedabad vs. Gujarat Cricket Association, Ahmedabad

In the result, the appeal of the Assessing Officer for the assessment year 2007-

ITA 1273/AHD/2013[2007-08]Status: DisposedITAT Ahmedabad24 Jan 2019AY 2007-08

Bench: Us. It Is, Accordingly, Dismissed For Want Of Prosecution.

Section 11Section 11(1)(d)Section 12ASection 143(3)

…ITA Nos.1253, 1254, 1255 & 1256/Ahd/2013 AYs: 2004-05, 2005-06, 2006-07 & 2007-08 Gujarat Cricket Association, Ahmedabad Page 1 of 39 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD BENCH ‘D’ , AHMEDABAD [Coram: Justice P P Bhatt, President, and Pramod Kumar, Vice President] ITA Nos.1253, 1254, 1255 & 1256/Ahd/2013 Assessment years: 2004-05, 2005-06, 2006-07 & 2007-08 respectively Gujarat Cricket Association ………...……………..Appellant Motera, Ahmedabad – 380 005. [PAN: AAAAG 1205 C] Vs Assistant Director of Income Tax (Exemption), Ahmedabad. ……………..…........Respondent ITA Nos.1270, 1271, 1272 & 1273/Ahd/2013 Assessme…

The Dy..Director of Income Tax(Exemption), Ahmedabad vs. Gujarat Cricket Association, Ahmedabad

In the result, the appeal of the Assessing Officer for the assessment year 2007-

ITA 1272/AHD/2013[2006-07]Status: DisposedITAT Ahmedabad24 Jan 2019AY 2006-07

Bench: Us. It Is, Accordingly, Dismissed For Want Of Prosecution.

Section 11Section 11(1)(d)Section 12ASection 143(3)

…ITA Nos.1253, 1254, 1255 & 1256/Ahd/2013 AYs: 2004-05, 2005-06, 2006-07 & 2007-08 Gujarat Cricket Association, Ahmedabad Page 1 of 39 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD BENCH ‘D’ , AHMEDABAD [Coram: Justice P P Bhatt, President, and Pramod Kumar, Vice President] ITA Nos.1253, 1254, 1255 & 1256/Ahd/2013 Assessment years: 2004-05, 2005-06, 2006-07 & 2007-08 respectively Gujarat Cricket Association ………...……………..Appellant Motera, Ahmedabad – 380 005. [PAN: AAAAG 1205 C] Vs Assistant Director of Income Tax (Exemption), Ahmedabad. ……………..…........Respondent ITA Nos.1270, 1271, 1272 & 1273/Ahd/2013 Assessme…

The Dy..Director of Income Tax(Exemption), Ahmedabad vs. Gujarat Cricket Association, Ahmedabad

In the result, the appeal of the Assessing Officer for the assessment year 2007-

ITA 1270/AHD/2013[2004-05]Status: DisposedITAT Ahmedabad24 Jan 2019AY 2004-05

Bench: Us. It Is, Accordingly, Dismissed For Want Of Prosecution.

Section 11Section 11(1)(d)Section 12ASection 143(3)

…ITA Nos.1253, 1254, 1255 & 1256/Ahd/2013 AYs: 2004-05, 2005-06, 2006-07 & 2007-08 Gujarat Cricket Association, Ahmedabad Page 1 of 39 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD BENCH ‘D’ , AHMEDABAD [Coram: Justice P P Bhatt, President, and Pramod Kumar, Vice President] ITA Nos.1253, 1254, 1255 & 1256/Ahd/2013 Assessment years: 2004-05, 2005-06, 2006-07 & 2007-08 respectively Gujarat Cricket Association ………...……………..Appellant Motera, Ahmedabad – 380 005. [PAN: AAAAG 1205 C] Vs Assistant Director of Income Tax (Exemption), Ahmedabad. ……………..…........Respondent ITA Nos.1270, 1271, 1272 & 1273/Ahd/2013 Assessme…

Gujarat Cricket Association, Ahmedabad vs. The Jt..Director of Income Tax(Exemption), Ahmedabad

In the result, ITA No. 2841/Ahd/17, i

ITA 1257/AHD/2013[2009-10]Status: DisposedITAT Ahmedabad24 Jan 2019AY 2009-10
Section 11Section 2(15)

…e. 3. It may be mentioned that most of the High Courts have taken the aforesaid view with only exception thereto by the High Court of Kerala which has taken a contrary view in 'Lissie Medical Institutions v. CIT [2012] 24 taxmann.com 9/209 Taxman 19 (Mag.)/348 ITR 344'. 4. It may also be mentioned at this stage that the legislature, realising that there was no specific provision in this behalf in the Income-tax Act, has made ITA Nos: 1257/Ahd/13, 3303/Ahd/16, 3304/Ahd/16, 408/Ahd/17 (Assessment years: 2009-10, 2010-11, 2011-12 and 2012-13) ITA Nos: 336 and 337/Ahd/2015 and 2957/Ahd/2014, (Assessment years:…

Gujarat Cricket Association, Ahmedabad vs. The Asstt.Director of Income Tax(Exemption), Ahmedabad

In the result, the appeal of the Assessing Officer for the assessment year 2007-

ITA 1256/AHD/2013[2007-08]Status: DisposedITAT Ahmedabad24 Jan 2019AY 2007-08

Bench: Us. It Is, Accordingly, Dismissed For Want Of Prosecution.

Section 11Section 11(1)(d)Section 12ASection 143(3)

…ITA Nos.1253, 1254, 1255 & 1256/Ahd/2013 AYs: 2004-05, 2005-06, 2006-07 & 2007-08 Gujarat Cricket Association, Ahmedabad Page 1 of 39 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD BENCH ‘D’ , AHMEDABAD [Coram: Justice P P Bhatt, President, and Pramod Kumar, Vice President] ITA Nos.1253, 1254, 1255 & 1256/Ahd/2013 Assessment years: 2004-05, 2005-06, 2006-07 & 2007-08 respectively Gujarat Cricket Association ………...……………..Appellant Motera, Ahmedabad – 380 005. [PAN: AAAAG 1205 C] Vs Assistant Director of Income Tax (Exemption), Ahmedabad. ……………..…........Respondent ITA Nos.1270, 1271, 1272 & 1273/Ahd/2013 Assessme…

Gujarat Cricket Association, Ahmedabad vs. The Asstt.Director of Income Tax(Exemption), Ahmedabad

In the result, the appeal of the Assessing Officer for the assessment year 2007-

ITA 1254/AHD/2013[2005-06]Status: DisposedITAT Ahmedabad24 Jan 2019AY 2005-06

Bench: Us. It Is, Accordingly, Dismissed For Want Of Prosecution.

Section 11Section 11(1)(d)Section 12ASection 143(3)

…ITA Nos.1253, 1254, 1255 & 1256/Ahd/2013 AYs: 2004-05, 2005-06, 2006-07 & 2007-08 Gujarat Cricket Association, Ahmedabad Page 1 of 39 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD BENCH ‘D’ , AHMEDABAD [Coram: Justice P P Bhatt, President, and Pramod Kumar, Vice President] ITA Nos.1253, 1254, 1255 & 1256/Ahd/2013 Assessment years: 2004-05, 2005-06, 2006-07 & 2007-08 respectively Gujarat Cricket Association ………...……………..Appellant Motera, Ahmedabad – 380 005. [PAN: AAAAG 1205 C] Vs Assistant Director of Income Tax (Exemption), Ahmedabad. ……………..…........Respondent ITA Nos.1270, 1271, 1272 & 1273/Ahd/2013 Assessme…

Gujarat Cricket Association, Ahmedabad vs. The Asstt.Director of Income Tax(Exemption), Ahmedabad

In the result, the appeal of the Assessing Officer for the assessment year 2007-

ITA 1253/AHD/2013[2004-05]Status: DisposedITAT Ahmedabad24 Jan 2019AY 2004-05

Bench: Us. It Is, Accordingly, Dismissed For Want Of Prosecution.

Section 11Section 11(1)(d)Section 12ASection 143(3)

…ITA Nos.1253, 1254, 1255 & 1256/Ahd/2013 AYs: 2004-05, 2005-06, 2006-07 & 2007-08 Gujarat Cricket Association, Ahmedabad Page 1 of 39 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD BENCH ‘D’ , AHMEDABAD [Coram: Justice P P Bhatt, President, and Pramod Kumar, Vice President] ITA Nos.1253, 1254, 1255 & 1256/Ahd/2013 Assessment years: 2004-05, 2005-06, 2006-07 & 2007-08 respectively Gujarat Cricket Association ………...……………..Appellant Motera, Ahmedabad – 380 005. [PAN: AAAAG 1205 C] Vs Assistant Director of Income Tax (Exemption), Ahmedabad. ……………..…........Respondent ITA Nos.1270, 1271, 1272 & 1273/Ahd/2013 Assessme…

Malik Educational Society, Ghaziabad vs. Addl. CIT, Ghaziabad

Appeal of the assessee is partly allowed

ITA 3406/DEL/2015[2010-11]Status: DisposedITAT Delhi28 Nov 2018AY 2010-11

Bench: Shri Amit Shukla & Shri Prashant Maharishimalik Educational Society, Vs. Addl. Cit, Iii-A-41, Nehru Nagar, Range-1, Ghaziabad Ghaziabad Pan: Aaatm3509N (Appellant) (Respondent)

For Appellant: Shri Pramod Kumar, CAFor Respondent: Shri Surender Pal, Sr. DR
Section 11Section 11(6)Section 12Section 143

…same. 3. It may be mentioned that most of the High Courts have taken the aforesaid view with only exception thereto by the High Court of Kerala which has taken a contrary view in 'Lissie Medical Institutions v. CIT [2012] 24 taxmann.com 9/209 Taxman 19 (Mag.)/348 ITR 344 (Ker.)'. 4. It may also be mentioned at this stage that the legislature, realising that there was no specific provision in this behalf in the Income Tax Act, has made amendment in Section 11(6) of the Act vide Finance Act No. 2/2014 which became effective from the Assessment Year 2015-2016. The Delhi High Court has taken the view and rightly so,…