Jan Vikas Trust, Ahmedabad V. The Dy.CIT.,(Exemp), Ahmedabad

ITA 1016/AHD/2011

• Counselvise Citation: [2014] 120 COUNSELVISE.COM (IT) 5984 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-05-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 02-04-2014
• Assessment Year: 2008-2009
• Appeal Filed On: 07-04-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: O P VAISHNAV
• Assessee Lawyers: MRS HEMALI SHAH
• Keywords: Depreciation; Charitable institution

Judgement Text

, , , , B, IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD, B BENCH . .. . . .. . , !' !' !' !', , , , #$ %&'( #$ %&'( #$ %&'( #$ %&'(, , , , )* + ) ' )* + ) ' )* + ) ' )* + ) ' BEFORE S/SHRI G.C. GUPTA, VICE-PRESIDENT AND ANIL CHATURVEDI, ACCOUNTANT MEMBER) ITA NO.1016/AHD/2011 [ASSTT.YEAR : 2008-2009] JAN VIKAS TRUST C-105, ROYAL CHINMAY NR. SIMANDHAR TOWER VASTRAPUR, BODAKDEV AHMEDABAD. PAN : AAATJ 0934 E /VS. DCIT (EXEMPTION) AHMEDABAD. ( (( (-. -. -. -. / APPELLANT) ( (( (/0-. /0-. /0-. /0-. / RESPONDENT) 1& 2 3 )/ ASSESSEE BY : MRS.HEMALI SHAH + 2 3 )/ REVENUE BY : O.P.VAISHNAV, CIT-DR 5 2 &(*/ DATE OF HEARING : 2 ND APRIL, 2014 678 2 &(*/ DATE OF PRONOUNCEMENT : 02-05-2014 )9 / O R D E R PER G.C. GUPTA, VICE-PRESIDENT: THIS APPEAL BY THE ASSESSEE FOR THE ASSESSMENT YEAR 2008-2009 IS DIRECTED AGAINST T HE ORDER OF THE CIT(A). 2. THE ONLY GROUND OF THE APPEAL OF THE ASSESSEE IS AS UNDER: ITA NO.1016/AHD/2011 -2- 1. THE LD.CIT(A) HAS ERRED IN LAW AND ON FACTS OF THE CASE BY CONFIRMING THE DISALLOWANCE OF CLAIM OF DEPRECIATIO N OF RS.31,02,945/- MADE BY THE AO. 3. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED T HAT THE ISSUE IN THE GROUND OF THE APPEAL OF THE ASSESSEE, REGARDING DIS ALLOWANCE OF CLAIM OF DEPRECIATION IS COVERED IN FAVOUR OF THE ASSESSEE W ITH THE DECISION OF THE ITAT, AHMEDABAD BENCHES IN THE ASSESSEES OWN CASE FOR THE SUBSEQUENT ASSESSMENT YEAR 2009-10 IN ITA NO.2656/AHD/2012 DAT ED 26-4-2013, WHEREIN IDENTICAL ISSUE WAS ALLOWED IN FAVOUR OF TH E ASSESSEE. THE LEARNED DR HAS RELIED ON THE ORDERS OF THE AO AND THE CIT(A ). 4. WE HAVE CONSIDERED RIVAL SUBMISSIONS. WE FIND T HAT THE ASSESSEE IS A CHARITABLE TRUST. THE AO DISALLOWED THE DEPRECIA TION IN THIS CASE ON THE PLEA THAT THE INVESTMENT IN ASSETS HAS ALREADY BEEN ALLOWED AS DEDUCTION, AS APPLICATION OF FUNDS, AND THEREFORE, THE ALLOWANCE OF DEPRECIATION IN SUBSEQUENT YEAR WOULD APPARENTLY BE DOUBLE DEDUCTIO N TO THE ASSESSEE. THE CIT(A) HAS CONFIRMED THE ORDER OF THE AO IN SUM MARY MANNER. WE FIND THAT IDENTICAL ISSUE OF ALLOWANCE OF DEPRECIAT ION IN THE FACTS AND CIRCUMSTANCES OF THE CASE OF THE ASSESSEE, WAS DECI DED IN FAVOUR OF THE ASSESSEE BY THE CO-ORDINATE BENCH OF THE ITAT, AHME DABAD FOR THE SUBSEQUENT ASSTT.YEAR 2009-10 IN ITA NO.2656/AHD/20 12 ORDER DATED 26- 4-2013 WHEREIN THE ENTIRE FACTUAL MATRIX OF THE ASS ESSEES CASE AND ALSO APPLICABLE DECISIONS OF THE HONBLE COURTS WERE CON SIDERED BY THE TRIBUNAL, AND THE ISSUE WAS DECIDED IN FAVOUR OF TH E ASSESSEE, AND IT WAS HELD THAT THE ASSESSEE WAS ENTITLED TO THE ALLOWANC E OF DEPRECIATION. THE FACTS AND CIRCUMSTANCES OF THE CASE OF THE ASSESSEE FOR THE RELEVANT ASSTT.YEAR 2008-09 IN APPEAL BEFORE US ARE IDENTICA L WITH THE FACTS AND CIRCUMSTANCES OF THE ASSESSEES CASE FOR THE SUBSEQ UENT ASSTT.YEAR 2009- 10. WE BEING IN AGREEMENT WITH THE DECISION OF THE CO-ORDINATE BENCH OF ITA NO.1016/AHD/2011 -3- THE ITAT, AHMEDABAD IN ASSESSEES OWN CASE FOR THE SUBSEQUENT ASSTT.YEAR 2009-10 (SUPRA), DECIDE THE ISSUE IN FAV OUR OF THE ASSESSEE AND HOLD THAT THE ASSESSEE IS ELIGIBLE TO THE ALLOWANCE OF DEPRECIATION AND THE GROUND OF THE APPEAL OF THE ASSESSEE IS ALLOWED. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED. ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE. SD/- SD/- ( %&'( %&'( %&'( %&'( / ANIL CHATURVEDI) )* + )* + )* + )* + /ACCOUNTANT MEMBER ( .. /G.C. GUPTA ) !' !' !' !' /VICE-PRESIDENT C OPY OF THE ORDER FORWARDED TO: 1) : APPELLANT 2) : RESPONDENT 3) : CIT(A) 4) : CIT CONCERNED 5) : DR, ITAT. BY ORDER DR/AR, ITAT, AHMEDABAD