The DCIT, (Exemp.), Circle-1, Ahmedabad V. Eklavya Education Foundation, Ahmedabad

ITA 2754/AHD/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 8594 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 6 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-04-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2012-2013
• Appeal Filed On: 30-09-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: MEHUL K PATEL
• Keywords: Depreciation; Retrospective amendment

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH AHMEDABAD BEFORE, SHRI N. K. BILLAIYA , ACCOUNTANT MEMBER AND SHRI S. S. GODARA, JUDICIAL MEMBER ITA NO. 2754/AHD/2015 (ASSESSMENT YEAR: 2012-13) DEPUTY COMMISSIONER OF INCOME-TAX (EXEMPTIONS), CIRCLE-1, AHMEDABAD APPELLANT VS. EKLAVYA EDUCATION FOUNDATION, CORE HOUSE, OFF. C.G. ROAD, NR. PARIMAL GARDEN, ELLISBRIDGE, AHMEDABAD 380006 R ESPONDENT PAN: AAACE7987R / BY REVENUE : SHRI MUDIT NAGPAL, SR. D.R. / BY ASSESSEE : SHRI MEHUL K. PATEL, A.R. /DATE OF HEARING : 03.04.2018 /DATE OF PRONOUNCEMENT : 09.04.2018 ORDER PER S. S. GODARA, JUDICIAL MEMBER THIS REVENUES APPEAL FOR ASSESSMENT YEAR 2012-13 A RISES AGAINST THE CIT(A) - 9, AHMEDABADS ORDER DATED 13.07.2015, IN CASE NO. CIT(A)- 9/556/DCIT(EXEM)CIR-1/14-15, IN PROCEEDINGS U/S. 14 3(3) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. ITA NO. 2754/AHD/2015 [DCIT VS. EKLAVYA EDUCATION F OUNDATION] A.Y. 2012-13 - 2 - HEARD BOTH THE PARTIES. CASE RECORDS PERUSED. 2. THE REVENUE RAISES TWO SUBSTANTIVE GROUNDS IN TH E INSTANT APPEAL. ITS FIRST GRIEVANCE IS THAT THE CIT(A) HAS ERRED IN LAW AND ON FACTS IN REVERSING ASSESSING OFFICERS ACTION ADDING THE AMOUNT IN QUE STION OF RS.66,75,000/- (WRONGLY TYPED AS RS.6,65,000/-) IN THE NATURE OF O NE TIME ADMISSION FEE AS INCOME OF THE RELEVANT PREVIOUS YEAR IN ASSESSMENT ORDER DATED 20.02.2014. IT EMERGES AT THE OUTSET THAT THE CIT(A) HAS FOLLOW ED HIS LOWER APPELLATE ORDER IN PRECEDING ASSESSMENT YEARS 2010-11 & 2011- 12 DELETING IDENTICAL ADDITION(S). LEARNED COUNSEL REPRESENTING ASSESSEE INFORMS US THAT A CO- ORDINATE BENCH HAS ALREADY REJECTED REVENUES SIMIL AR SUBSTANTIVE GRIEVANCE IN ITA NOS. 1979 & 1980/AHD/2014 DECIDED ON 27.12.2 017. THERE IS NO JUSTIFICATION ON FACTS OR LAW POINTED OUT AT REVENU ES BEHEST IN ALL THESE ASSESSMENT YEARS. WE THUS SEE NO REASON TO ADOPT A DIFFERENT APPROACH IN THE IMPUGNED ASSESSMENT YEAR. REVENUE FAILS IN ITS FORMER SUBSTANTIVE GROUND ACCORDINGLY. 3. REVENUES LATTER SUBSTANTIVE GROUND SEEKS TO REV IVE DEPRECIATION DISALLOWANCE OF RS.96,89,521/- MADE IN THE COURSE O F ASSESSMENT ON THE GROUND THAT IT AMOUNTED TO DOUBLE DEDUCTION SINCE F OLLOWED BY THE COST OF CORRESPONDING ASSETS TAKEN FOR THE PURPOSE OF APPLI CATION OF INCOME AS WELL; AS DELETED IN LOWER APPELLATE PROCEEDINGS. BOTH PA RTIES ARE FAIR ENOUGH IN INFORMING US THAT HONBLE APEX COURTS RECENT JUDGM ENT CIT VS. RAJASTHAN AND GUJARATI CHARITABLE FOUNDATION, POONA IN CA NO. 1453/2017 DECIDED ON 13.12.2017 HAS ANALYZED THE ENTIRE LEGAL AND FACTUA L POSITION TO CONCLUDE THAT SUCH DEPRECIATION CLAIM DOES NOT AMOUNT TO DOU BLE DEDUCTION. THEIR LORDSHIPS ALSO CONSIDER THE RELEVANT AMENDMENT VIDE FINANCE ACT, 2014 IN SECTION 11(6) OF THE ACT TO BE APPLICABLE W.E.F. 01 .04.2015 WHEREAS WE ARE IN ASSESSMENT YEAR 2012-13, MEANING THEREBY THAT TH E ABOVE SAID ITA NO. 2754/AHD/2015 [DCIT VS. EKLAVYA EDUCATION F OUNDATION] A.Y. 2012-13 - 3 - AMENDMENT DOES NOT APPLY WITH RETROSPECTIVE EFFECT. THE REVENUE THUS FAILS IN ITS INSTANT LATTER SUBSTANTIVE GROUND AS WELL. 4. THIS REVENUES APPEAL IS DISMISSED. [PRONOUNCED IN THE OPEN COURT ON THIS THE 09 TH DAY OF APRIL, 2018.] SD/- SD/- (N. K. BILLAIYA) (S. S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEM BER AHMEDABAD: DATED 09/04/2018 TRUE COPY S.K.SINHA / COPY OF ORDER FORWARDED TO:- / REVENUE 2 / ASSESSEE ! / CONCERNED CIT 4 !- / CIT (A) ()*+ ,--. ./0 / DR, ITAT, AHMEDABAD 1+2345 / GUARD FILE. BY ORDER / . // ./0