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2014 (12) TMI 145 - HC - Income TaxRejection of application for exemption u/s 10(23C)(iv) 85% of Trust income used for the objects of trust or not - Held that - The view of the Commissioner was rightly upheld by the Tribunal that the receipts of ₹ 162.53 crores and as against which expenditure amount spent is ₹ 138.82 including capital expenditure on purchase of equipments of ₹ 6,94,43,011/-, percentage of profit is 14.6%, which is lower than 15% permitted to be accumulated as per the Act, whereas 85% of Trust income had been applied and towards the object of the Trust. Claim of depreciation - Held that - The income which has been spent for acquisition of assets would not mean that thereafter the depreciation on these assets in subsequent years cannot be taken into account - it is not that the Tribunal followed the course and unknown to law - the Tribunal was justified in allowing the depreciation on capital assets as deduction in computing the income the order of the Tribunal is upheld Decided against revenue.
Issues:
1. Challenge to Tribunal's order for relevant Assessment Years regarding exemption under section 11 of the Income Tax Act. 2. Denial of reliefs by Assessing Officer. 3. Commissioner's findings regarding application of income towards charitable purposes. 4. Tribunal's decision upholding Commissioner's findings. 5. Claim for depreciation and remittance back to Assessing Officer for verification. Analysis: 1. The Appeals by the Revenue challenged the Tribunal's order for the relevant Assessment Years concerning the Assessee, a Trust running a super specialty hospital. The Assessing Officer rejected the Assessee's claim for exemption under section 11 of the Income Tax Act, stating that 85% of income from the Trust's property should be applied for charitable purposes to claim the exemption. The Assessing Officer disputed the Assessee's claim that gross receipts from patients constituted income and concluded that the net income should have been the base for calculating charitable spending. 2. The Assessing Officer also denied other reliefs claimed by the Assessee. The matter was taken to the Commissioner of Income Tax, who referred to previous proceedings and the Tribunal's order in favor of the Assessee. The Commissioner found that a significant percentage of the Trust's income had been applied towards charitable activities, as per the Tribunal's and Court's previous decisions. 3. The Tribunal upheld the Commissioner's findings, noting that the revenue's appeal should be dismissed based on the application of income for charitable purposes. The Tribunal emphasized consistency with previous orders and the Assessee's compliance with spending income on charitable activities. 4. Regarding the claim for depreciation, the Tribunal referred to a judgment of the High Court of Gujarat and remitted the issue back to the Assessing Officer for verification. The Tribunal's decision was based on legal precedents and the need for proper verification by the Assessing Officer. 5. The Court dismissed both Appeals, stating that the Tribunal's decisions were in line with legal principles and previous judgments. The Court emphasized the importance of following established legal interpretations and rejected the Revenue's attempts to challenge binding orders. The Court also upheld the Tribunal's decision on allowing depreciation on capital assets as a deduction in computing income, based on consistent legal views.
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