THE JT. CIT(EXEMPTION)(OSD), CIRCLE-2, AHMEDABAD vs. DIVYA JYOTI TRUST, SURAT
In the result, appeal of the Revenue is dismissed
ITA 1224/AHD/2019[2015-16]Status: DisposedITAT Ahmedabad25 Feb 2022AY 2015-16
Bench: S/Shri Waseem Ahmed & T.R. Senthil Kumarassessment Year : 2015-16 Jt.Cit (Exemptions)(Osd) Divya Jyoti Trust Cir.2, Ahmedabad. Vs Tejas Eye Hospital Suthar Faliyaat & Post – Mandvi Surat 394 610. Pan : Aabtd 3401 D अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Ketan Jagirdar, Ar Revenue By : Shri Urjit Shah, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 17/02/2022 घोषणा क" तार"ख /Date Of Pronouncement: 25/02/2022 आदेश/O R D E R Per T.R. Senthil Kumar: This Appeal Is Filed By The Revenue Against Order Dated 7.6.2019 In Appeal No. Cit(A)-9/10321/Dcit(E), Cir.2-/17-18Passed By The Ld.Commissioner Of Income-Tax (Appeals)-9, Ahmedabad [For Short “Ld.Cit(A)] Relating To The Assessment Year 2015-16. 2. Revenue Has Raised The Following Grounds Of Appeal:
For Appellant: Shri Ketan Jagirdar, ARFor Respondent: Shri Urjit Shah, Sr.DR
Section 11Section 11(1)(a)Section 11(1)(d)Section 12ASection 143(3)
68,45,899/- which had been applied for construction of the hospital building which was also to be treated as an application of income as there is no bar on incurring the capital expenditure out of the corpus donation which was also treated as income. Various
Courts and the Tribunals have also held that the capital expenditure out of corpus
