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2018 (6) TMI 226 - ITAT RANCHIExemption u/s 10(23C)(vi) - Advances given to staff members and others - entitled to exemption u/s.11 - Held that:- Assessee is running minority education institution and the advances given by it to staff and others are in the normal course of activities of the society and there is no enquiry made by the AO to establish that these advances have been given for purpose other than purpose of the society i.e. education - thus assessee is entitled to exemption u/s.10(23C)(vi) the addition made under this head is difficult to be sustained and hence deleted - we do not find any good reason to interfere with the order of the CIT(A), which is hereby confirmed and ground of appeal of the revenue is dismissed. Additions under the head depreciation - whether claiming of depreciation in case of trust is amount to double deduction? - Held that:- The amount of depreciation debited to the accounts of a charitable trust has to be deducted to arrive at the income available for application to charitable and religious purposes - books of accounts of assessee were duly audited and assessee is running educational institution and had spent money under the head of maintenance of buildings - there is no enquiry to establish that these expenses were incurred for any other purpose - considering this CIT(A) deleted the addition made by AO - we find that no specific error in the order of the CIT(A) - thus appeal of the revenue is dismissed. Advance payment - Whether advances paid to Shri Durlabh Mahto application of income for educational purposes - Held that:- For the purpose of legal matter payment was made to Mr. Durlabh Mahto during the year - income and expenditure shown in the income and expenditure account related to the educational institution and the assessee neither received any income from any other source nor any amount was spent on any other objects - conditions u/s 10(22) is fulfilled - addition is deleted - appeal filed by the revenue is dismissed.
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