TMI Blog2017 (9) TMI 245X X X X Extracts X X X X X X X X Extracts X X X X ..... ue : Sh. Shravan gotru, sr. Dr ORDER PER H.S. SIDHU, JM:- The Assessee has filed the Appeal against the Order of the Ld. Commissioner of Income Tax (Appeals), Ghaziabad on the following grounds:- 1. Because, the order of learned lower authority is bad in law and against the facts and circumstances of the case and hence is unsustainable. 2. Because, learned Commissioner Of Income Tax (Appeals) grossly erred in confirming the disallowance of depreciation ₹ 17,69,550/- without properly appreciating the law on the issue including the one that where there are two views than the one which is favorable to assessee shall apply. 3. Because, learned Commissioner of Income tax (Appeals) further erred in hol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the proceedings on behalf of the society. The details as required vide questionnaire have been filed. The books of accounts, bills and vouchers etc., maintained by the society have been produced and they have been test checked randomly. The society has been registered under the Societies Registration Act, vide registration no. 1028/2001-021 dated 26.12.2001 and renewed subsequently. As per the memorandum filed, the society was established with, the aim to impart education and other charitable activities covered u/s 2(15) of the LT. Act. Society is running a Professional cum Law College at Ghaziabad. Certificate of registration u/s 12AA of the 1. T. Act, 1961 has been granted by the Commissioner of Income Tax, Ghaziabad vide C.No. 57(88)/Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... charitable activities as per section 2(15) of the I.T. Act and accordingly, the exemption claimed uls 11(1) was allowed as claimed by the society. During the course of assessment proceedings assessee filed details from time to time as required in the questionnaire which has been verified and test checked randomly. Since nothing adverse has been noted and in view of the provisions of section 11 and 12 of the IT Act, the returned income was accepted and income of the assessee was completed on NIL income vide order dated 22.1.2013 passed u/s. 143(3) of the Act. Against the assessment order dated 21.1.2013, assessee appealed before the Ld. CTI(A), who vide his impugned order dated 15.4.2015 has dismissed the appeal of the assessee. 3. Aggrie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ead Notes only):- Section 32, read with section 11, of the Income Tax Act, 1961 Depreciation Allowance / rate of (in case of Trust) Whether a charitable institution, which has purchased capital assets and treated amount spent on purchase of capital asset as application of income, is entitled to claim depreciation on same capital asset utilized for business Held yes. [in favour of the Assessee]. 6.2 We further find that on similar and identical issue, the ITAT, G Bench, New Delhi in the case of Kesar Charitable Trust passed in ITA No. 5632/2015, order dated 5.4.2016 has held as under:- 11. The Counsel of the assessee took our attention to the decision of the Hon ble Jurisdictional High Court in the case of DIT( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n terms of section 11(6) of the Act which has been inserted and applicable w.e.f. 1.4.2015 and so is not applicable to the assessment year in question i.e. assessment year 2010-11. Thus, we uphold the claim of the assessee and the addition of ₹ 74,227/- made on account of disallowance of depreciation is ordered to be deleted. Thus, ground No.3 of the assessee is allowed. 7. After perusing the aforesaid judgment of the Hon ble High Court of Delhi and the decision of the Tribunal, we are of the considered view that the issue in dispute is squarely covered by the aforesaid judgment decision, hence, respectfully, following the aforesaid judgement and decision, we delete the addition in dispute and allow the ground raised by the as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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