2016 (2) TMI 35 - AT - Income Tax

Tribunal allows appeal on depreciation claim, dismisses Revenue's appeal on deficit set off.

The Tribunal allowed the appeal of the assessee for statistical purposes only regarding the depreciation claim, directing a specific ground to be raised ... Carry forward of deficit and allowing set off against income of subsequent years - assessee is a trust - CIT(A) allowed the claim - Held that:- Carry forward of deficit of earlier years has to be set off against the surplus of subsequent years. See Commissioner Of Income-Tax Versus Shri Plot Swetamber Murti Pujak Jain Mandal (1993 (11) TMI 17 - GUJARAT High Court ), Commissioner Of Income-Tax Versus Maharana Of Mewar Charitable Foundation(Raj.)[1986 (7) TMI 56 - RAJASTHAN High Court], Commissioner of Income-Tax Versus Institute Of Banking Personnel Selection [2003 (7) TMI 52 - BOMBAY High Court] Commissioner Of Income-Tax Versus Matriseva Trust [1999 (3) TMI 34 - MADRAS High Court] held that excess of expenditure over income in one year can be set off in subsequent year against the income u/s 11 as and by way of application of income. Respectfully following the aforementioned Hon’ble High Courts and specifically Hon’ble jurisdictional High Court,find no infirmity in the conclusion of the ld. Commissioner of Income Tax (Appeals) and affirmed the same. - Decided against revenue Issues:1. Appeal against depreciation claim.2. Appeal against carry forward of deficit and set off against subsequent years.Issue 1: Appeal against depreciation claimThe appeal pertains to depreciation claimed by the assessee. The counsel for the assessee argued that written submissions were not considered by the Commissioner of Income Tax (Appeals) and should have been treated as an additional ground. Various case laws were cited in support of this argument. The Departmental Representative defended the decision of the Commissioner of Income Tax (Appeals) stating that no formal ground was raised by the assessee. The Tribunal observed that the assessee had indeed filed written submissions for the claim of depreciation, but the Commissioner of Income Tax (Appeals) concluded that no specific ground had been raised. As per Article 265 of the Constitution of India, the Tribunal remanded this ground to the Commissioner of Income Tax (Appeals) for reconsideration. The Tribunal directed the assessee to raise a specific ground for proper disposal. The appeal of the assessee was allowed for statistical purposes only.Issue 2: Appeal against carry forward of deficit and set off against subsequent yearsThe appeal by the Revenue concerned the carry forward of a deficit of a significant amount and its set off against income of subsequent years. The Revenue argued that allowing such set off would result in double deduction on account of expenditure out of exempt income. The counsel for the assessee relied on various decisions to support their case. The Tribunal examined Section 11(6) inserted by the Finance Act, 2014, which deals with the application of income for charitable or religious purposes. The Tribunal interpreted the term 'applied' in this context and cited several cases to support its interpretation. The Tribunal also analyzed Section 11(1)(a) regarding the exemption of income derived from property held under trust for charity. The Tribunal concluded that the carried forward deficit of earlier years should be set off against the surplus of subsequent years, in line with decisions of various High Courts. The Tribunal dismissed the appeal of the Revenue, affirming the decision of the Commissioner of Income Tax (Appeals).In conclusion, the Tribunal addressed the issues raised by both the assessee and the Revenue regarding depreciation claims and the carry forward of deficits. The Tribunal provided detailed analyses of the legal aspects involved, citing relevant case laws and statutory provisions to support its decisions. The appeals were decided based on the interpretation of tax laws and precedents established by various High Courts, ensuring a thorough examination of the issues at hand.