2014 (8) TMI 1046 - AT - Income Tax

Charitable trust wins depreciation battle against Revenue challenge, affirmed by Tribunal.

The Tribunal affirmed the CIT(A)'s decision to allow depreciation for a charitable trust, despite the Revenue's challenge that claimed depreciation ... Depreciation on the asset on application of income under Section 11 - double deduction - CIT(A) allowed the claim - Held that:- Admittedly, the CIT(A) has followed order of the ‘tribunal’ in the case of the ITO, Company Ward – I Vs. M/s. CMS Educational & Charitable Trust [2013 (4) TMI 771 - ITAT CHENNAI ] holding that a claim of depreciation alike the case involved herein is allowable in case of a charitable trust who has included assets in application/exemption u/s.11A of the Act. The co-ordinate bench has followed the case law of Vegetable Products ( 1973 (1) TMI 1 - SUPREME Court ) to conclude that in case of divergent judicial precedents, the one favouring the assessee has to be adopted. On being granted opportunity, the Revenue neither points out any distinction on facts nor refers to any judgment of the hon’ble jurisdictional high court. In these circumstances, we affirm CIT(A) findings under challenge. - Decided in favour of assessee Issues: Appeal against deletion of disallowance on depreciation made by the Assessing Officer in the assessment order for the assessment year 2010-11.Analysis:1. Issue of Disallowance of Depreciation: The Revenue challenged the CIT(A)'s order deleting the disallowance on depreciation of Rs. 60,14,349 made by the Assessing Officer. The Assessing Officer disallowed the depreciation claimed by the assessee, a charitable trust, on the grounds that it amounted to double deduction as the assets' cost had already been allowed as application of income under section 11 of the Income Tax Act 1961. The CIT(A) deleted the disallowance after considering various decisions, including a decision of the Income Tax Appellate Tribunal and the Hon'ble Supreme Court's decision in CIT Vs. Vegetable Products. The CIT(A) held that the assessee trust was entitled to depreciation on assets purchased, even if the cost of assets was considered as application of income. The Revenue contended that the assessee was not entitled to claim depreciation under these circumstances.2. Judicial Precedents and Interpretation: The CIT(A) based the decision on judicial precedents and the interpretation of the law. The CIT(A) referred to a decision of the Income Tax Appellate Tribunal, 'A' Bench, Chennai, and the Hon'ble Supreme Court's decision in CIT Vs. Vegetable Products to support the allowance of depreciation for the assessee trust. The CIT(A) emphasized that in cases of divergent judicial precedents, the one favoring the assessee should be adopted. The Tribunal also upheld the CIT(A)'s decision, stating that the claim of depreciation for charitable trusts, as in the present case, is allowable when assets are included in application/exemption under section 11A of the Act.3. Adjudication and Final Decision: The Tribunal heard both sides and reviewed the case file. It noted that the CIT(A) had followed the tribunal's order and relevant case law to allow the depreciation claim for the charitable trust. The Tribunal found no factual distinctions or references to contradict the CIT(A)'s findings. Consequently, the Tribunal affirmed the CIT(A)'s decision to allow the depreciation claim for the assessee trust. The Revenue's appeal was dismissed, and the order was pronounced on August 8, 2014, in Chennai.In conclusion, the judgment upheld the CIT(A)'s decision to allow the depreciation claim for the charitable trust, emphasizing the application of relevant judicial precedents and statutory provisions to determine the entitlement to depreciation on assets purchased by the trust, even if the cost of assets was considered as part of the income application.