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2020 (4) TMI 393 - AT - Income TaxExemption u/s 11 - Deduction u/s 10(23C) - allowability of depreciation - scrutiny u/s 143(3) - HELD THAT - CIT(A) has applied the provisions of section 10(23C) correctly and allowed the exemption and given a finding that the taxable income would be Rs.Nil since, the assessee had applied the income to the extent of 85% as required u/s 10(23C) - Hon ble Supreme Court in the case of CIT Vs. Rajasthan and Gujarathi Charitable Foundation Poona 2017 (12) TMI 1067 - SUPREME COURT held that the depreciation allowable on the assets treated as application of income also in the years in which the assets were acquired. As on the date of passing the order of the Ld.CIT(A), the decision of Hon ble Supreme Court is available, hence, the Ld.CIT(A) is bound to consider the decision of Hon ble Apex court also. The department could not find any mistake in the order of the Ld.CIT(A) except arguing that the Ld.CIT(A) has travelled beyond his jurisdiction while deciding the consequential order. We observe from the consequential order that since the AO has failed to examine the claim of the assessee for exemption u/s 10(23C), 11, 12 and 13 and the Ld.CIT(A) has rightly examined the issue and allowed eligible exemption which is within the jurisdiction of the CIT(A). Hence, we do not find any reason to interfere with the order of the Ld.CIT(A) and the same is upheld. The appeal of the revenue is dismissed.
Issues Involved:
1. Eligibility for exemption under sections 10(23C), 11, 12, and 13 of the Income Tax Act. 2. Allowability of depreciation on assets treated as application of income. 3. Jurisdiction and correctness of the consequential order passed by the Assessing Officer (AO). 4. Application of income to the extent of 85% for exemption purposes. 5. Compliance with the directions given by the Commissioner of Income Tax (Appeals) [CIT(A)]. Detailed Analysis: 1. Eligibility for Exemption under Sections 10(23C), 11, 12, and 13: The assessee filed returns claiming deductions under sections 10(23C), 11, 12, and 13 of the Income Tax Act. The AO initially rejected these claims and made additions to the returned income. On appeal, the CIT(A) directed the AO to allow the exemptions, observing that the assessee was entitled to these exemptions. The Tribunal upheld the CIT(A)'s decision, noting that the assessee had fulfilled the requirement of applying 85% of its income during the year, thus qualifying for the exemptions under the relevant sections. 2. Allowability of Depreciation on Assets Treated as Application of Income: The CIT(A) directed the AO to allow depreciation on assets whose value was not claimed as an application of income. The AO, however, disallowed the entire depreciation. The Tribunal referred to the Supreme Court's decision in CIT Vs. Rajasthan and Gujarathi Charitable Foundation Poona, which held that depreciation is allowable on the value of capital assets treated as an application of income. The Tribunal directed the AO to consider this decision and allow depreciation accordingly. 3. Jurisdiction and Correctness of the Consequential Order Passed by the AO: The revenue argued that the CIT(A) had exceeded his jurisdiction by re-examining the entire issue of exemption and depreciation in the consequential order. The Tribunal found that the AO had failed to examine the assessee's eligibility for exemptions and had not followed the CIT(A)'s directions. The Tribunal upheld the CIT(A)'s jurisdiction, noting that the CIT(A) had correctly examined the issues and allowed the eligible exemptions. 4. Application of Income to the Extent of 85% for Exemption Purposes: The CIT(A) verified the receipts and application of income, finding that the assessee had applied income to the extent of 85% of its revenue. The Tribunal upheld this finding, noting that the assessee had fulfilled the requirement for exemption by applying the necessary percentage of its income. 5. Compliance with the Directions Given by the CIT(A): The Tribunal observed that the AO had not complied with the CIT(A)'s directions in the consequential order. The AO had allowed relief without verifying the assessee's eligibility for exemptions and without discussing the directions of the CIT(A). The Tribunal upheld the CIT(A)'s decision, noting that the CIT(A) had correctly applied the provisions of the law and the Supreme Court's decision. Conclusion: The Tribunal dismissed the revenue's appeal, upheld the CIT(A)'s order, and directed the AO to allow the exemptions and depreciation as per the CIT(A)'s directions and the Supreme Court's decision. The Tribunal also dismissed the cross objections filed by the assessee as infructuous. For the assessment year 2014-15, the Tribunal remitted the matter back to the AO to verify the depreciation on assets treated as an application of income and recompute the income accordingly.
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