Trust's Eligibility for Deductions Upheld, Revenue's Appeal Dismissed

The Tribunal dismissed the Revenue's appeal against a trust's assessment for the year 2014-15. The appellant's eligibility for deductions under sections 11/12 of the Income Tax Act was upheld, leading to the deletion of additions for surplus, depreciation, inter-organizational donations, and corpus donations. The Tribunal cited consistency with previous rulings and lack of distinguishing facts, resulting in the dismissal of all grounds of the Revenue's appeal. The order pronounced on September 7th, 2021, stood as final.

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Issues:
1. Deletion of additions against surplus received during the year.
2. Deletion of depreciation claimed by the appellant.
3. Deletion of disallowance against inter-organizational donations received.
4. Deletion of addition against corpus donations received.
5. Validity of the CIT(A)'s order and restoration of the AO's order.

Analysis:
1. The appellant, a trust registered under section 12A of the Income Tax Act, filed an appeal against the order passed by CIT(A)-Haldwani for the assessment year 2014-15. The Assessing Officer disallowed surplus received during the year, depreciation, inter-organizational donations, and corpus donations. The CIT(A) allowed the appeal of the assessee based on previous tribunal decisions favoring the appellant's eligibility for deduction under sections 11/12 of the Act. The Tribunal upheld the CIT(A)'s decision, citing consistency in previous rulings and lack of distinguishing facts in the present assessment year. Therefore, the first ground of the Revenue's appeal, regarding the deletion of surplus received, was dismissed.

2. Regarding the second ground of the Revenue's appeal, the CIT(A)'s decision to delete the depreciation claimed by the appellant was upheld by the Tribunal. The appellant had added back the depreciation amount in the return of income and did not claim it as an application of income, as evidenced by the balance sheet and computation of income. The Tribunal found no merit in the Revenue's argument, leading to the dismissal of this ground of appeal.

3. The third ground of the Revenue's appeal pertained to the disallowance against inter-organizational donations received. The Tribunal referenced a previous ruling for the assessment year 2010-11, where similar additions were found untenable. Consistency in facts led to the dismissal of this ground of appeal in the present assessment year.

4. Ground number four of the Revenue's appeal concerned the addition against corpus donations received. The Tribunal reiterated that corpus donations are not considered income since they are specifically received as corpus. This view was upheld based on a previous ruling for the assessment year 2010-11, resulting in the dismissal of this ground of appeal.

5. The Tribunal found no distinguishing facts in the present assessment year compared to earlier years, leading to the dismissal of all grounds of the Revenue's appeal. Consequently, the appeal of the Revenue was dismissed, and the order pronounced in open court on September 7th, 2021, stood as final.

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