2021 (1) TMI 913 - AT - Income Tax

Tribunal Upholds Depreciation for Charities & Income Recognition Pending Dispute Resolution

ACIT, Circle-1 (1), New Delhi. Versus India Trade Promotion Organization Pragati Bhawan

ACIT, Circle-1 (1), New Delhi. Versus India Trade Promotion Organization Pragati Bhawan - TMI Issues Involved:1. Allowance of depreciation for charitable institutions.2. Recognition of income related to disputed space rent.Issue 1: Allowance of Depreciation for Charitable InstitutionsThe appeal was filed against an order passed by the Commissioner of Income Tax for the assessment year 2012-13. The Revenue contended that depreciation should not be allowed for charitable institutions as it would lead to double deduction since the entire expenditure for capital assets is already allowed as a deduction. However, the Tribunal cited a judgment of the Hon'ble Delhi High Court for the assessment year 2008-09, where both capital expenditure and depreciation were allowed as application of income for charitable institutions. This decision was followed in subsequent assessment years 2009-10, 2010-11, and 2011-12. The Tribunal upheld the allowance of depreciation for the assessee, dismissing the Revenue's appeal on this issue.Issue 2: Recognition of Income Related to Disputed Space RentThe second issue revolved around the recognition of income concerning disputed space rent. The assessee, an organization promoting Indian trade, was in a dispute with government departments over space rent. The National Science Centre had paid rent at a certain rate, which was later contested by them. The assessee accounted for income based on the initial rate paid, while the disputed amount was kept out of the books. Similarly, another department, Crafts Museum, did not pay any rent, claiming possession prior to the assessee's formation. The Tribunal considered the matter, noting that since the dispute remained unresolved, the addition of income was not sustainable. The Tribunal ruled in favor of the assessee, stating that until the dispute is resolved, the taxability of income cannot be determined. Therefore, the Tribunal dismissed the Revenue's appeal on this issue as well.In conclusion, the Tribunal upheld the allowance of depreciation for charitable institutions based on previous judgments and ruled in favor of the assessee regarding the recognition of income related to disputed space rent, emphasizing the importance of resolving disputes before determining taxability.