TaxTMI 
TaxTMI 
2019 (8) TMI 1635
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....e on account of franchisee fees and same are in the nature of business income within the meaning of provisions of sub-section 4A of the Section 11 of the I.T. Act. The assessee failed to maintain separate books of accounts as per Sub section 12A of the Section 2 of the I.T. Act. ii. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in law allowing the claim of carry forward of losses disregarding the fact that set-off and carry forward of losses are delete with by the provisions of section 70 to 74 of the Income Tax Act. iii. On the facts and in the circumstances of the case and in laws, the Ld. CIT(A) has erred in law & fact that allowing depreciation on fixed assets in tantamount to double deductio....
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....CIT(DR) appearing for Revenue accepted that all the issues in dispute were covered in favour of the assessee by the aforesaid judicial precedents, in which, in identical facts, the disputed issues were decided in favour of the assessee. (B.1.1) Relevant portion of the aforesaid order dated 20.04.2005 of Co-ordinate Bench of ITAT, Delhi in ITA No. 4571/Del/2004 in assessee's own case i.e. The Delhi Public School Society vs. DCIT(E) is reproduced as under: (B.1.2) The relevant portion of the aforesaid order dated 23.05.2019 of Co-ordinate Bench of ITAT, Delhi in assessee's own case in DCIT(E) vs. The Delhi Public School Society in ITA No. 4887/Del/2016 is reproduced as under: "The aforesaid appeal has been filed by the assessee against th....
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....x Act." 2. At the outset, the ld. AR stated that the impugned issues raised in this appeal are squarely covered in favour of the assessee and against the Revenue by the decision of the Coordinate bench in assessee's own case in 6627/Del/2015 for A.Y. 2010-11 vide order dated 29th November, 2017. 3. The ld. DR, other than supporting the findings of the Assessing Officer, could not bring any distinguishing decision in favour of the Revenue 4. After considering the impugned orders and the issues raised in the present appeal, we find that similar issues were involved in the earlier years and were considered by the co-ordinate bench. The relevant observation reads as under: "Ground No. 1 4. This ground has been raised by re....
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....laced reliance upon the decision of Hon'ble Delhi High Court in the case of DIT vs. Chiranjiv Charitable Trust reported in 223 Taxmann.com 71. 5.1. On the contrary assessee placed reliance upon a subsequent decision of Hon'ble Delhi High Court in the case of CIT vs. Indraprastha Cancer Society reported in 53 Taxmann.com 463. 5.2. We have perused the submissions advanced by both the sides in the light of the decisions relied upon by them. 5.3. It is observed that order passed by this Tribunal in assessee's own case for assessment year 2009-10 in ITA No. 4081/del/2012 placed at page 68 of the paper book dealt with this issue as under: "10. Furthermore, we note the Hon'ble Jurisdictional High Court decision in the case of DIT vs. V....
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....ITA No. 4081/Del/2012 for assessment year 2009-10. This Tribunal dealt with this issue as under: "16. We have heard the rival contentions in light of the material 'produced and precedent relied upon. Ld. Counsel of the assessee submitted that the issue is covered in favour of the assessee by the decision of the Hon'ble jurisdictional High Court in the case of Raghuvanshi Charitable Trust (Supra). The Ld. Departmental Representative could not produce any decision contrary in this regard. 17. Hence, upon careful consideration, we find that the Hon'ble jurisdictional High Court in the case of D.I.T. vs. Raghuvanshi Charitable Trust (Supra) has held as under (Heads notes only):- "Section 11 of the Income Tax Act, 1961....
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....aforesaid order of Hon'ble Delhi High Court was dismissed by Hon'ble Supreme Court. (B.2.1) In the case of CIT vs. Rajasthan & Gujarati Charitable Foundation Poona [2018] 89 taxmann.com 127 (SC), it was held by Hon'ble Supreme Court that in the case of charitable institution registered under section 12A, even though expenditure incurred for acquisition of capital assets was treated as application of income for charitable purposes under section 11(1)(a), yet depreciation would be allowed on assets so purchased. (B.2.2) In the case of DIT vs. Raghuvanshi Charitable Trust [2011] 197 Taxman 170 (Delhi), it was held by Hon'ble Delhi High Court that a trust can be allowed to carry forward deficit of current year and to set off same agains....