2015 (4) TMI 1126 - HC - Income Tax

Allowability of depreciation to assessee-trust - Held that - Revenue s understanding of double deduction is without legal basis. Allowability of depreciation in respect of capital expenditure incurred by the assessee-trust and for the purpose of section 11 confirmed. See S. C. Dharmadhikari 2014 (10) TMI 540 - BOMBAY HIGH COURT and A. K. Menon JJ 2014 (12) TMI 145 - BOMBAY HIGH COURT - Decided against revenue

Summary

Issues:
1. Allowability of depreciation in respect of capital expenditure incurred by the assessee-trust for the purpose of section 11 of the Income-tax Act, 1961.

Analysis:
The High Court of Bombay addressed the issue of the allowability of depreciation in relation to capital expenditure incurred by an assessee-trust for the purpose of section 11 of the Income-tax Act, 1961. The Income-tax Appellate Tribunal had ruled that the difference between the application of income for acquiring an asset and claiming depreciation must be considered to avoid any double deduction. The Tribunal's decision was based on a previous ruling by the court in the case of CIT v. Institute of Banking [2003] 264 ITR 110 (Bom). The Tribunal's decision was challenged by the Revenue, but the appeal was dismissed by the High Court, citing a Division Bench judgment that upheld the Tribunal's interpretation. The Division Benches of the High Court consistently held that the Revenue's concerns regarding double deduction lacked a legal basis. Therefore, the High Court concluded that the questions of law raised by the Revenue were already settled by previous decisions of the court, leading to the dismissal of the appeal without any order as to costs.