2021 (10) TMI 219 - AT - Income Tax

Assessment of trust - disallowance of depreciation treating the same as double deduction claimed by the Appellant - whether in case of the charitable trust that is assessee before us disallowance of depreciation is to be claimed as double deduction or not - HELD THAT - Since all deduction and exemptions Trust is extending its services towards the betterment of the society by way of religious and other activities. Thus respectfully following the judgment of RAJASTHAN AND GUJARATI CHARITABLE FOUNDATION POONA 2017 (12) TMI 1067 - SUPREME COURT and GUJARAT MARITIME BOARD 2020 (8) TMI 600 - GUJARAT HIGH COURT AND GUJARAT CRICKET ASSOCIATION 2019 (1) TMI 1522 - ITAT AHMEDABAD we allow the appeal of the assessee.

Summary

Issues:
1. Dismissal of appeal without adequate opportunity of being heard.
2. Disallowance of depreciation as double deduction.
3. Non-allowance of credit of 15% of gross receipts under specific sections.
4. Claim for depreciation by a charitable trust.

Analysis:
1. The appeal challenged the Commissioner of Income Tax (CIT) order, alleging dismissal without proper hearing. The trust, engaged in charitable activities, faced issues regarding depreciation claims. The trust provided necessary documents, including registration under section 12A(a) of the IT Act. The Assessing Officer questioned the depreciation claim of ?29,51,998, suspecting double deduction. The trust argued that depreciation was essential for fund utilization, not a double deduction. However, the AO disagreed, leading to the CIT(A) confirming the disallowance.

2. The core issue revolved around whether depreciation for a charitable trust constitutes a double deduction. The Tribunal referred to legal precedents, including the Apex Court's ruling in CIT vs. Rajasthan & Gujarati Charitable Foundation, emphasizing that even if capital expenditure is treated as income application, depreciation on assets should be allowed. Citing the ITAT Ahmedabad decision in Gujarat Cricket Association case, depreciation on capital assets was deemed allowable for charitable trusts. The judgment in CIT(Exemptions) vs. Gujarat Maritime Board further supported allowing normal depreciation for trust income computation.

3. The trust's services for societal betterment through religious and charitable activities were highlighted. Relying on the legal precedents and in line with the Apex Court and Gujarat High Court judgments, the Tribunal allowed the appeal, emphasizing the trust's entitlement to claim depreciation without it being considered a double deduction. The judgment favored the trust's position, emphasizing compliance with commercial principles in computing trust income.

4. Ultimately, the Tribunal allowed the appeal, aligning with legal principles and precedent judgments, thereby overturning the earlier decisions disallowing depreciation. The decision was based on the trust's genuine charitable activities and the correct application of tax laws regarding depreciation claims for charitable trusts.