2021 (3) TMI 225 - AT - Income Tax

Assessment of trust - depreciation claimed on fixed assets and carry forward of excess application of income for charitable purposes to subsequent years - HELD THAT - Hon ble Supreme Court in the case of CIT Vs. Subros Educational Society 2018 (4) TMI 1622 - SC ORDER where held that any excess expenditure incurred by trust / charitable institution in earlier assessment year could be allowed to be set off against income of subsequent years by invoking section 11 - We further noted that in the case of CIT Vs. Institute of Banking Personnel Selection 2003 (7) TMI 52 - BOMBAY HIGH COURT had considered an identical issue and held that excess application of income for charitable purposes can be carried forward to subsequent year and trust is entitled to set off amount of excess application of the last year against income derived from property held under the trust. The above finding recorded by learned CIT(A) is uncontroverted by Revenue. DR has supported the order of Assessing Officer and in light of decision of ITAT. Chennai Bench in the case of Anjuman-E-Himayth-E-Islam vs. ADIT(Exemption) 2015 (7) TMI 594 - ITAT CHENNAI we find that Hon ble Jurisdictional High Court has considered the above issue and by following number of decisions of other High Courts has held that depreciation on fixed assets is allowable even though trust claimed amount incurred for purchase / acquisition of capital asset as application of income. Similarly Hon ble High Court has further held that excess application of income of charitable trust can be carried forward and trust is entitled for set off of excess application of income in the earlier year against income of the trust in subsequent years. Therefore we are of the considered view that there is no error in the findings recorded by learned CIT(A) and hence we are inclined to uphold findings of CIT(A) and reject ground taken by Revenue. - Decided against revenue.

Summary

Issues Involved:
1. Eligibility to set off brought forward excess application of funds to subsequent years.
2. Allowability of depreciation on fixed assets for charitable trusts.
3. Disallowance of various expenses due to lack of actual cash outflow.

Detailed Analysis:

1. Eligibility to Set Off Brought Forward Excess Application of Funds to Subsequent Years:
The Revenue contended that the CIT(A) erred in allowing the assessee to set off brought forward excess application of funds against future income, arguing that there is no provision in the Income Tax Act permitting such carry forward for trusts. The CIT(A) relied on judicial precedents, including the decision of the Hon'ble Jurisdictional High Court in the case of Medical Trust of the Seventh Day Adventists, which allowed the carry forward of excess application of income for charitable purposes to subsequent years. The Tribunal upheld the CIT(A)'s decision, noting that the Hon'ble Supreme Court in CIT Vs. Subros Educational Society and the Hon'ble Bombay High Court in CIT Vs. Institute of Banking Personnel Selection had similarly ruled in favor of allowing such carry forward.

2. Allowability of Depreciation on Fixed Assets for Charitable Trusts:
The Assessing Officer disallowed the depreciation on fixed assets, arguing that allowing depreciation would amount to double deduction since the purchase of the assets was already considered as application of income. The CIT(A) allowed the depreciation claim, referencing the jurisdictional High Court's decision in Medical Trust of the Seventh Day Adventists, which held that depreciation on fixed assets is allowable even if the assets' purchase was treated as application of income. The Tribunal supported this view, emphasizing that the computation of income for charitable trusts involves determining the profit net of depreciation and then considering the application of income for charitable purposes.

3. Disallowance of Various Expenses Due to Lack of Actual Cash Outflow:
The Assessing Officer disallowed several expenses, including retirement fund, gratuity fund, bad debts written off, inventories written off, employees' medical insurance, and global basic life insurance, on the grounds that these were non-funded liabilities or provisions without actual cash outflow. The CIT(A) upheld these disallowances, agreeing that the assessee failed to provide evidence of actual cash outflow. The Tribunal did not address these specific disallowances in detail, focusing instead on the primary issues of depreciation and carry forward of excess application.

Conclusion:
The Tribunal dismissed the Revenue's appeals for both assessment years, affirming the CIT(A)'s decisions to allow depreciation on fixed assets and the carry forward of excess application of income for charitable purposes. The Tribunal's ruling was grounded in established judicial precedents, particularly the decisions of the Hon'ble Jurisdictional High Court and the Hon'ble Supreme Court, which supported the assessee's claims. The disallowances of specific expenses due to lack of actual cash outflow were upheld by the CIT(A) and not further contested by the Tribunal.