Lissie Medical Institutions, Ernakulam V. DDIT, Ernakulam

CO 6/COCH/2009

• Counselvise Citation: [2010] 122 COUNSELVISE.COM (IT) 5290 (ITAT-COCHIN)
• Duration Of Justice: 1 year(s) 9 month(s) 12 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 11-11-2010
• Appeal Filed By: Assessee
• Bench Allotted: DB
• Next Hearing Date: 30-08-2010
• Assessment Year: 2005-2006
• Appeal Filed On: 29-01-2009
• Court: TRIBUNAL
• Department Lawyers: AND CROSS OBJECTION
• Assessee Lawyers: STANDS PRONOUNCED ON SUBSE
• Keywords: Depreciation
• Section: 11

Judgement Text

IN THE INCOME TAX APPELLAT E TRIBUNAL COCHIN BEN CH, COCHIN BEFORE S/SHRI N.VIJAYAKUMARAN, JM AND SANJAY AR ORA, AM THE DEPUTY DIRECTOR OF INCOME- TAX (EXEMPTION), RANGE-2, ERNAKULAM. VS. LISSIE MEDICAL INSTITUTIONS, LISSIE HOSPITAL ROAD, KOCHI-682018. [PAN: AAATL 1070D] (REVENUE-APPELLANT) (ASSESSEE-RESPONDENT) (AND VICE-VERSA) OR D E R U/S. 254(2) OF THE INCOME -TAX ACT, 1961 PER SANJAY ARORA, AM: THE ORDER IN THE AFORE-REFERRED APPEAL (BY THE REVE NUE) AND CROSS OBJECTION (BY THE ASSESSEE ) STANDS PRONOUNCED ON 26.10.2010. 2. SUBSEQUENTLY, HOWEVER, THE FOLLOWING MISTAKES/TY POGRAPHICAL ERRORS STAND NOTED, AND WHICH ARE BEING RECTIFIED PER THE PRESENT ORDER : A) THE WORD INCIDENTALLY OCCURRING IN LINE 1 OF SUB- PARA 2 OF PARA 4.4 (AT PAGE 7) IS MISSPELT AS INCIDENTLY. B) THE SENTENCE `., IN THE CASE U/S. 11 THE INCOME IS TO SAME IS TO USED FOR CHARITABLE OR RELIGIOUS PURPOSES,. OCCURRI NG AT LINES 10 & 11 OF PARA 4.5.3 (PG. 11) OF THE ORDER, IS TO BE READ AS `, IN THE CASE U/S. 11 THE INCOME IS BE USED FOR CHARITABLE OR RELIGIOUS PURPOSES,. . THE MISTAKE IS SELF-EVIDENT; THE WORDS BEING OMITTED BEING SUPERFLUOUS, AND A RESULT OF A MISTAKE. C) SUB-PARA 2 OF PARA 4.8 (PG. 18) I) THE WORD DEPRECIATION OCCURRING A FTER THE WORD `CAPITAL (IN LINE 5) IS TO BE READ AS EXPENDITURE, AS THE READI NG OF THE SENTENCE WOULD ITSELF BEAR OUT. II) THE WORDS `FOR THE OBJECTS OF THE T RUST FOLLOWING THE WORD USER (AT LINE 11) I.T.A NO.1010/COCH/2008 & CO NO.6/CO CH/2009 ASSESSMENT YEAR : 2005-06 REVENUE BY DR. BABU JOSEPH, SR. DR ASSESSEE BY SHRI T.JOHN GEORGE, ADV. ITA.NO. 1010/COCH./2008 & C.O. NO. 6/COCH./2009 2 ARE TO BE TAKEN AS IN BRACKETS. TH IS IS FOR THE PROPER CONSTRUCTION OF THE SENTENCE; BEING RENDERED SUPERFLUOU S OTHERWISE. D) SUB-PARA 3 OF PARA 4.8 (PG. 19) : THE WORD `LEAD FOLLOWING THE WORD INCOME (AT LINE 2) IS TO BE READ AS `LEADS FOR THE PROPER CONSTRUCTION OF THE SENTENCE. 3. THE ORDER DATED 26/10/2010 IS AMENDED ACCORDI NGLY. SD/- SD/- (N.VIJAYAKUMARAN) (SANJAY ARORA) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE: ERNAKULAM DATED: 11TH NOVEMBER, 2010 GJ COPY TO: 1. LISSIE MEDICAL INSTITUTIONS, LISSIE HOSPITAL ROA D, KOCHI 682 018. 2. THE DEPUTY DIRECTOR OF INCOME-TAX (EXEMPTION), R ANGE 2, ERNAKULAM. 3. THE COMMISSIONER OF INCOME-TAX (APPEALS)-II, KOC HI. 4. THE COMMISSIONER OF INCOME-TAX, KOCHI. 5. D.R., I.T.A.T., COCHIN BENCH, COCHIN. 6. GUARD FILE. BY O RDER ( ASSISTANT REGISTRAR)