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Section 11(6)

Section References (mined)Section 11Section 11(6)170 judgments

NARROTAM MORARJEE INSTITUTE OF SHIPPING,MUMBAI vs. ITO (EXEMPTION)WARD 2(1), MUMBAI

In the result, appeal of the assessee is allowed

ITA 5559/MUM/2025[2018-19]Status: DisposedITAT Mumbai16 Feb 2026AY 2018-19

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2018-19 Narrotam Morarjee Institute Of National Faceless Shipping, Mumbai Assessment Appeal Centre 76 – Jolly Maker, Chambers – 2, (Nfac) Office Of The Vs. Vivek Shah, Mumbai, Nariman Commissioner Of Income Point S.O.-400021 Tax, Appeal, Addl/Jcit(A) Delhi (Pan : Aaatn0042R) (Appellant) (Respondent) Present For: Assessee : Shri Nishit Gandhi, Advocate Revenue : Shri Leyaqat Ali Afaqui, Sr. Dr Date Of Hearing : 18.11.2025 Date Of Pronouncement : 16.02.2026 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of Commissioner Of Income Tax (Appeal), National Faceless Appeal Centre (Nfac), Delhi Vide Order No. Itba/Nfac/S/250/2025- 26/1078465227(1) Dated 14.07.2025 Passed Against The Penalty Order U/S. 270A Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), For Ay 2018-19. 2. Grounds Taken By The Assessee Are Reproduced As Under: 1. In The Facts & Circumstances Of The Case & In Law, The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeals Centre, Delhi ["The Cit (A)") U/S 250 Of The Income Tax Act, 1961 ["The Act For Short Erred In Confirming The Penalty U/S 270A Of The Act Passed

For Appellant: Shri Nishit Gandhi, AdvocateFor Respondent: Shri Leyaqat Ali Afaqui, Sr. DR
Section 11Section 11(1)(a)Section 11(2)Section 12ASection 250Section 270A

this respect, he observed that depreciation is not allowable u/s 11 of the Act. He thus, concluded that in view of provisions of Section 11(6), depreciation is not allowable and thus, held it to be disallowed. In this regard also, penalty proceedings u/s 270A were initiated for under-reporting

ASSISTANT COMMISSIONER OF INCOME TAX (E), LUCKNOW vs. M/S. INDIAN INSTITUTE OF CARPET TECHNOLOGY , BHADOHI

In the result, the appeal of the Revenue is dismissed

ITA 117/LKW/2020[2016-17]Status: DisposedITAT Lucknow28 Nov 2025AY 2016-17

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharya.Y. 2016-17 Asstt. Commissioner Of Vs. M/S Indian Institute Of Carpet Income-Tax (Exemption), Technology, Chauri Road, Srn, Lucknow Bhadohi Pan: Aaaji0124M (Appellant) (Respondent) Assessee By: Sh. Akash Agrawal, C.A. Revenue By: Sh. Amit Kumar, Dr Date Of Hearing: 10.09.2025 Date Of Pronouncement: 28.11.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Department Against The Orders Of The Ld. Cit(A), Wherein The Ld. Cit(A) Has Deleted The Addition Of Rs.1,70,77,516/- That Was Made By The Ld. Assessing Officer On Account Of Surplus Above 15% Of Gross Receipts. The Grounds Of Appeal Are As Under: - “1. Ld. Commissioner Of Income Tax (A) Has Erred In Law & Facts By Deleting The Addition Made Of Rs. 1,70,77,516/- On Account Of Amount Surplus Above 15% Without Appreciating The Facts That The Assessee Instead Of Utilizing This Amount Or Crediting This Amount To Income & Expenditure Account, This Sum Was Directly Credited To Balance Sheet. 2. Appellant Craves Leave To Modify/Amend Or Add Any One Or More Grounds Of Appeal.” 2. The Facts Of The Case Are That The Society Is Registered Under Section 12A Of The Income Tax Act, 1961 Vide Order Dated 11.12.2006 Of The Ld. Cit, Varanasi. From A Perusal Of The Papers Submitted By The Assessee As Well As The Data Available Online, The Ld. Assessing Officer Found That There Was A Receipt Of A Grant

For Appellant: Sh. Akash Agrawal, C.AFor Respondent: Sh. Amit Kumar, DR
Section 11Section 11(1)Section 11(6)Section 12A

deduction under section 11(1) of the Act. He also disallowed depreciation of Rs. 65,45,834/- in accordance with the provisions of section 11(6) of the I.T. Act, 1961. Accordingly, after these disallowances, the total income of the assessee was computed

ST. FRANCIS XAVIER CHURCH,PANVEL vs. INCOME TAX OFFICER (EXEMPTION), THANE

In the result, appeal of the assessee is allowed for statistical purposes

ITA 5883/MUM/2025[2024-25]Status: DisposedITAT Mumbai25 Nov 2025AY 2024-25

Bench: Justice (Retd.) Shri C.V. Bhadang & Shri Vikram Singh Yadavassessment Year : 2024-25 St. Francis Xavier Church Trust, Income Tax Officer, Plot 379/B, Behind Orion Mall Exemption Ward, Thane & S.T. Depot, Vs. Quershi Mansion, Panvel-410206. Gokhale Road, Pan : Aaets4913N Naupada, Thane-400602. (Appellant) (Respondent) For Assessee : None For Revenue : Smt. B. Brahma Vidya Date Of Hearing : 25-11-2025 Date Of Pronouncement : 25-11-2025 O R D E R Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Assessee Against The Order Of The Learned Addl/Jcit(A)-Agra, Dated 29-07-2025, Pertaining To Assessment Year (Ay) 2024-25, Wherein The Assessee Has Taken The Following Grounds Of Appeal: “1.1. On The Facts & In Circumstances Of The Case & In Law The Learned Commissioner Of Income-Tax (Appeals) [Cit(A)] Erred In Confirming The Denial Of Exemption/Deductions Under Section 11 Of The Act Resorted To By The Centralized Processing Centre [Cpc), Income Tax Department, Bengaluru (The Learned Assessing Officer) While Processing The Return Of Income Under Section 143(1) Of The Act On The Grounds That The Audit Report In Form 10-Bb Was Filed Belatedly, Though With The Return Of Income Which Was Filed Within The Extended Time Limit Under Section 139(1) Of The Act.

For Appellant: NONEFor Respondent: Smt. B. Brahma Vidya
Section 11Section 11(1)(a)Section 11(2)Section 11(6)Section 12ASection 139(1)Section 143(1)Section 143(1)(a)

apart for specified purposes under Section 11(2) of the Act. 2.1.3. A sum of Rs.22,688/- under section 11 read with Section 11(6) of the Act being the amount of capital expenditure incurred to be allowed as application of income. It is submitted that the disallowances referred

MITHRA (MADRAS INSTITUTE TO HABILITATE RETARDED AFFLICTED),CHENNAI vs. ITO, WARD 3, CHENNAI, CHENNAI

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 1839/CHNY/2025[2016-17]Status: DisposedITAT Chennai23 Sept 2025AY 2016-17

Bench: Shri George George Kand Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 1839/Chny/2025 िनधा"रण वष"/Assessment Year: 2016-17 M/S. Mithra (Madras The Income Tax Officer, Institute To Habilitate Vs. Exemptions Ward 3, Retarded Afflicted), Chennai. Plot No.D-171, R V Nagar, Anna Nagar East, S.O, Anna Nagar, Chennai – 600 102. Pan: Aaatm 0481H (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri M. Karuppiah, F.C.A ""यथ" क" ओर से/Respondent By : Ms. Gouthami Manivasagam,Jcit सुनवाई क" तारीख/Date Of Hearing : 22.09.2025 घोषणा क" तारीख/Date Of Pronouncement : 23.09.2025

For Appellant: Shri M. Karuppiah, F.C.A ""For Respondent: Ms. Gouthami Manivasagam,JCIT
Section 11Section 11(6)Section 12ASection 139Section 143(2)Section 143(3)Section 250

ought to be allowed as application of income. The FAA however rejected the contentions of the assessee. The FAA held that as per Section 11(6) of the Act, assessee is not entitled to depreciation on assets for which cost has been allowed as application of income in the previous ... cost of which has not been allowed as application of income in the relevant assessment year or in the earlier assessment years. Section 11(6) of the Act inserted w.e.f. 01.04.2015 by Finance (No.2) Act, 2014 clearly stipulates depreciation shall not be allowed if the cost of acquisition of asset

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Section 11(6) — 170 judgments | BharatTax | BharatTax