2022 (6) TMI 268

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....e Tax Appellate Tribunal ('ITAT' for short), Chennai for the assessment year 2010-11. 2. The assessee has raised the following questions of law for consideration:- "1. Whether on the facts and circumstances of the case the Hon'ble Income Tax Appellate Tribunal was right in law in denying the exemption under section 11 to 13 of the Act by placing a very narrow interpretation to the term charitable activity with respect to amount applied towards the objectives of the Trust. 2. Whether on the facts and circumstances of the case the Hon'ble Income Tax Appellate Tribunal was right in law in concluding that the printing of News papers to educate the Toiling Masses being its objects is not a Charitable activity....

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....(Appeals) VII, Chennai ('CIT(A)'). The appeals were allowed by order dated 28.02.2014. The Department being aggrieved by such order preferred an appeal before the Income Tax Appellate Tribunal, "A" Bench ('the Tribunal') and the Tribunal has allowed the department's appeal and the assessee being aggrieved by such order is before us by way of this appeal by raising the above mentioned substantial questions of law. 5. From the order passed by the Commissioner of Income Tax (Appeals)- VII, Chennai, we find that the authority had examined the nature and purpose for which the Trust was created and the publication of the newspaper was to educate the toiling masses and having arrived at such a factual conclusion held the den....

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....CIT(A) to grant relief to the assessee. In fact, the CIT(A) had referred to three decisions and observed that since there are conflicting decisions of the various High Courts, one which is favourable to the assesee should be given effect to and allowed the claim for deduction. 8. However, the Tribunal has reversed the finding of the CIT(A) that the claim of depreciation cannot be a double deduction over and above the full value of the assets and with that observation, the Revenue's appeal was allowed. There is no finding rendered by the Tribunal as regards the views expressed by the CIT(A). Before us the assessee would contend that in terms of the decision of the Hon'ble Supreme Court in CIT Vs. Vegetable Products Ltd. reported i....