2015 (8) TMI 1409 - AT - Income Tax

Entitlement to depreciation to assessee trust - Computation of income u/s 11(1)(a) - entire cost of the asset was deducted while computing the amount applied towards the object of the trust - Held that - Charitable or religious trust registered under section12A can claim benefit under section 11 in the form of application of funds as well as depreciation under section 32 in respect of the property held under the trust. See A. P. Olympic Association v. Asst. DIT 2014 (2) TMI 988 - ITAT HYDERABAD - Decided in favour of assessee

Summary

Issues:
1. Allowability of depreciation on building for a trust under section 12AA of the Income-tax Act, 1961.
2. Whether the entire cost of the asset being deducted affects the claim for depreciation.
3. Interpretation of double deduction in tax laws for charitable trusts.
4. Application of funds and depreciation benefits for trusts under sections 11 and 32 respectively.
5. Comparison of judgments in relevant cases for determining the allowance of depreciation for trusts.

Detailed Analysis:
1. The appeal concerned the assessment year 2010-11 for a trust registered under section 12AA of the Income-tax Act, 1961. The main issue was the allowance of depreciation on a building owned by the trust. The Assessing Officer disallowed the depreciation, considering it as a double deduction due to the entire cost of the asset being deducted while computing the amount applied towards the trust's objective.

2. The appellant challenged this decision, citing a precedent where a Tribunal allowed both application of funds and depreciation benefits for trusts. The appellant argued that depreciation is a necessary charge for computing net income, even under commercial accounting principles. The Departmental representative contended that allowing depreciation would result in double deduction, citing a Supreme Court judgment on the matter.

3. The Tribunal analyzed the Supreme Court judgment and distinguished it from the present case, emphasizing that it did not involve a charitable trust. The Tribunal also referenced a previous decision supporting the allowance of depreciation for trusts under sections 11 and 32. The Tribunal noted that there was no specific legislative bar against claiming both benefits for the assessment year in question.

4. Ultimately, the Tribunal ruled in favor of the appellant, allowing the depreciation claim based on the principles established in previous tribunal decisions. The Tribunal highlighted that the legislative amendment restricting double deductions was prospective and not applicable to the relevant assessment year. As a result, the grounds related to depreciation were allowed, and the alternative claim became moot.

5. The judgment underscored the importance of precedent in interpreting tax laws for trusts and emphasized the distinction between commercial principles and specific provisions for charitable trusts. By aligning with previous tribunal decisions, the Tribunal upheld the appellant's right to claim depreciation benefits alongside the application of funds for charitable purposes.