Working Women's Forum India, CHENNAI V. DCIT, CHENNAI

ITA 1310/CHNY/2017

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 5010 (ITAT-CHENNAI)
• Duration Of Justice: 7 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-01-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 01-11-2017
• Assessment Year: 2010-2011
• Appeal Filed On: 23-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N MADHAVAN ACIT
• Assessee Lawyers: S SRIDHAR
• Keywords: Depreciation

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: CHENNAI , . , ! BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER , AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ./ ITA NO.1310/MDS/2017 /ASSESSMENT YEAR: 2010-11 M/S.WORKING WOMENS FORUM INDIA, 85, BHIMASENA GARDEN ROAD, MYLAPORE, CHENNAI 600 004. VS. THE DY. COMMISSIONER OF INCOME TAX (EXEMPTIONS)-I, CHENNAI. [PAN: AAATW 0003 B ] ( % /APPELLANT) ( &'% /RESPONDENT) % ( / APPELLANT BY : MR.S.SRIDHAR, ADV. &'% ( /RESPONDENT BY : MR.N.MADHAVAN, ACIT ( /DATE OF HEARING : 16.01.2018 ( /DATE OF PRONOUNCEMENT : 16.01.2018 / O R D E R PER GEORGE MATHAN , JUDICIAL MEMBER : ITA NO.1310/MDS/2017 IS AN APPEAL FILED BY THE ASS ESSEE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEAL S)-17, CHENNAI, IN ITA NO.284/13-14/CIT(A)-17 DATED 29.03.2017 FOR THE AY 2010-11. 2. MR. N.MADHAVAN, ACIT, REPRESENTED ON BEHALF OF T HE REVENUE AND MR. S.SRIDHAR, ADV., REPRESENTED ON BEHALF OF THE A SSESSEE. ITA NO.1310/MDS/2017 :- 2 -: 3. IT WAS SUBMITTED BY THE LD.AR THAT THE ONLY ISSU E IN THE ASSESSEES APPEAL WAS AGAINST THE ACTION OF THE LD.CIT(A) IN D ISALLOWING THE DEPRECIATION IN THE CASE OF THE ASSESSEE WHO IS ENT ITLED TO THE EXEMPTION U/S.11 OF THE ACT HOLDING THAT THERE WAS A DOUBLE D EDUCTION. IT WAS A SUBMISSION THAT THE ISSUE IS SQUARELY COVERED BY TH E DECISION OF THE HONBLE SUPREME COURT IN THE CASE OF RAJASTHAN GUJA RATI CHARITABLE FOUNDATION, POONA, IN CIVIL APPEAL NO.7186 OF 2014 DATED 13.12.2017. 4. IN REPLY, THE LD.DR VEHEMENTLY SUPPORTED THE ORD ER OF THE AO AND THE LD.CIT(A) 5. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. AS WE HAVE NOTICED THAT THE ISSUE IN REGARD TO THE DEPRECIATION IN THE CASE OF ASSESSEE ENTITLED TO THE EXEMPTION U/S.11 IS SQUARELY COVERED BY THE DEC ISION OF THE HONBLE SUPREME COURT IN THE CASE OF RAJASTHAN GUJARATI CHA RITABLE FOUNDATION, POONA, IN CIVIL APPEAL NO.7186 OF 2014 DATED 13.12. 2017. RESPECTFULLY FOLLOWING THE DECISION OF THE HONBLE SUPREME COURT , THE AO IS DIRECTED TO GRANT THE ASSESSEE, THE CLAIM OF DEPRECIATION. 6. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON JANUARY 16, 2018 AT CHENNAI. SD/- SD/- ( . ) ( A. MOHAN ALANKAMONY ) /ACCOUNTANT MEMBER ( ) (GEORGE MATHAN) /JUDICIAL MEMBER ITA NO.1310/MDS/2017 :- 3 -: /CHENNAI, 0 /DATED: JANUARY 16, 2018. TLN ( &12 32 /COPY TO: 1. % /APPELLANT 4. 4 /CIT 2. &'% /RESPONDENT 5. 2 & /DR 3. 4 ( ) /CIT(A) 6. /GF