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Issues Involved:
1. Allowability of depreciation u/s 11. 2. Treatment of voluntary donations as income u/s 2(24)(iia) and section 12. 3. Registration of the trust u/s 12A. 4. Utilization of corpus donations for day-to-day obligations. 5. Additional grounds of appeal. Summary: Departmental Appeal: Issue: Allowability of Depreciation u/s 11 The primary issue in the departmental appeal was whether depreciation is allowable during the year when the entire capital expenditure on acquiring fixed assets was already allowed u/s 11 in earlier years. The CIT(A) directed the AO to allow depreciation, following the decisions of the Hon'ble Delhi High Court in the case of Ghalib Institute and Karnataka High Court in the case of CIT v. Society of Sisters of St. Anne. The revenue argued that allowing depreciation would amount to double deduction. However, the Tribunal held that unless the full value of the asset was actually allowed as an expenditure u/s 11 in the year of acquisition, the assessee would be entitled to depreciation. The AO was directed to verify this for each asset. Assessee's Appeal: Issue 1: Registration of the Trust u/s 12A The CIT(A) held that the appellant trust does not satisfy the condition of section 12A. The Tribunal noted that the assessee had applied for registration u/s 12A on 3-6-1981, and the application was still pending. The Tribunal held that the Department's inaction should not penalize the assessee and directed that the application should be disposed of. Issue 2: Treatment of Voluntary Donations The CIT(A) held that the donation of Rs. 3,91,678 was not covered within the meaning of section 2(24)(iia). The Tribunal clarified that voluntary contributions received towards the corpus are not income and thus not liable to tax, even if the trust is not registered u/s 12A. The Tribunal emphasized that the receipt itself is not income, and the exemption u/s 11 does not arise. Issue 3: Utilization of Corpus Donations The AO argued that the utilization of corpus donations for day-to-day obligations changes the character of the donation, making it liable for income tax. The Tribunal disagreed, stating that the utilization of corpus donations for operational expenses does not alter their nature as corpus donations and does not make them taxable. Issue 4: Additional Grounds of Appeal The assessee filed an application for raising an additional ground of appeal, claiming that the CIT(A) erred in holding that the rest of the grounds of appeal were not pressed. The Tribunal admitted the additional ground and directed the CIT(A) to decide the grounds on merit. Conclusion: Both appeals were disposed of with directions to the AO to verify the actual allowance of asset values u/s 11 for depreciation claims and to the CIT(A) to decide the additional grounds on merit. The Tribunal upheld that corpus donations are not taxable and emphasized the need for timely disposal of the registration application u/s 12A.
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