2010 (11) TMI 975 - AT - Income Tax

Summary

Issues involved: The judgment involves the issue of depreciation claimed by the assessee as an allowable expenditure under section 11 of the Income Tax Act.

Assessment Year 2001-02:
The Appellate Tribunal ITAT Delhi heard four appeals by the revenue against orders of the Ld. CIT(A) for different assessment years. The common issue was the allowability of depreciation claimed by the assessee under section 11 of the IT Act. The Tribunal noted that the application of income by the assessee trust exceeded the required amount even after excluding depreciation. As the tax effect was nil, the appeals were deemed not maintainable. The Tribunal found no reason to interfere with the order of the Ld. CIT(A) who correctly distinguished judgments cited by the revenue. The Tribunal declined to follow the judgment of the Hon'ble Apex Court in the case of Escorts Ltd. as it did not directly apply to the present issue. The judgment of the Hon'ble Apex Court in the case of Programme for Community Organization was considered more relevant, emphasizing the computation of trust income in a normal commercial manner. The Tribunal dismissed the appeals of the revenue.

Other Assessment Years:
In the remaining years, the issue remained common with variations in amounts. Despite the absence of the assessee, the Tribunal proceeded ex parte. The Ld. D.R. supported the assessment orders, citing relevant judgments. The Tribunal considered submissions, orders of authorities, and judgments cited. It highlighted the importance of computing trust income in a commercial manner, as per relevant judgments. The Tribunal referred to various High Court judgments supporting the assessee's position. It emphasized the need to allow depreciation as a legitimate deduction in computing the real income of the trust. The Tribunal concluded that the judgment of the Hon'ble Bombay High Court was more applicable than the Tribunal decision cited by the Ld. D.R. The judgment of the Hon'ble Apex Court in a different case was deemed irrelevant to the present dispute. Ultimately, the Tribunal dismissed all four appeals of the revenue based on the above analysis.

This comprehensive summary outlines the key issues, arguments, and decisions made in the judgment by the Appellate Tribunal ITAT Delhi regarding the allowability of depreciation claimed by the assessee under section 11 of the Income Tax Act.