M/S. BARROWS BLUE BELLS SCHOOL,BAHARAICH vs. THE I.T.O. (E), LUCKNOW

charitable Trust on\nwhich no cost was borne by the assessee Trust.\nOther Hon'ble High Courts which have also taken\nthe view that depreciation is deductible are the Hon'ble\nKarnataka High Court in the case of CIT Vs. Society of the\nSisters of St. Anne(1984) 146 ITR 28 and the Hon'ble\nMadhya Pradesh High Court

ACIT (E), LUCKNOW vs. M/S MANAGER, ANGLO SANSKRIT COLLEGE, FATEHPUR

In the result, the appeal is allowed

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

147 shall be taken by the Assessing Officer in case of such trust or institution for any assessment year preceding the aforesaid assessment year only for non-registration of such trust or institution for the said assessment year: Provided also that provisions contained in the first and second proviso shall not apply in case of any trust or institution which

M/S. BARROWS BLUE BELLS SCHOOL,BAHARAICH vs. THE I.T.O. (E), LUCKNOW

Accordingly, the same are being dismissed as having become academic in nature

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

trust and accumulation of 15% of the gross income, would not apply. It was further submitted that the assessee had challenged the initiation of reassessment proceedings before the AO by filing objections to the same (placed at pages 7 to 9 of the paper book), but the same was rejected by the AO and the ld. CIT(A) had also

M/S. BARROWS BLUE BELLS SCHOOL,BAHARAICH vs. THE I.T.O. (E), LUCKNOW

Accordingly, the same are being dismissed as having become academic in nature

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

trust and accumulation of 15% of the gross income, would not apply. It was further submitted that the assessee had challenged the initiation of reassessment proceedings before the AO by filing objections to the same (placed at pages 7 to 9 of the paper book), but the same was rejected by the AO and the ld. CIT(A) had also