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TMI Blog2012 (12) TMI 1070X X X X Extracts X X X X X X X X Extracts X X X X ..... esse - I.T.A. Nos. 1807 & 1808/Mds/2012 - - - Dated:- 14-12-2012 - Dr. O.K.NARAYANAN, VICE-PRESIDENT AND SHRI V. DURGA RAO, JUDICIAL MEMBER For the Petitioner : Dr. S. Moharana, IRS, CIT For the Respondent: Shri T. Banusekar, FCA ORDER PER Dr.O.K.NARAYANAN, VICE-PRESIDENT These two appeals are filed by the Revenue. The relevant assessment years are 2006-07 and 2008-09. The appeals are directed against the orders of the Commissioner of Income-tax(Appeals) I at Chennai dated 17.7.2012. The appeal for the assessment year 2006-07 arises out of the assessment completed under sec.153C, read with sections 153A and sec.143(3) of the Income-tax Act, 1961. The appeal for the assessment year 2008-09 arises out of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed any particulars either before the A.O. or before the CIT(A) relating to the provision of funds to M/s Jeppiar Educational Trust. 2.a The learned CIT(A) has failed to note that M/s Sivaraja Ramalinga Trust has been denied exemption u/s 11 in the assessment year 2006-07 and 2007-08 vide assessment order dated 30-12-2008. Accordingly CBDT instruction No.1132 is not applicable in this case and hence the payments made to M/s Sivaraja Ramalinga Trust are hit by section 13(1)(c) read with section 13(3) of the I.T.Act 1961. 2.b The learned CIT(A) has failed to note that the assessee has not provided any particulars either before the A.O. or before the CIT(A) relating to the provision of funds to M/s Sivaraja Ramalinga Trust. 3. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue is that the Commissioner of Income-tax(Appeals) has erred in directing the Assessing Officer to allow exemption under sec.11 after treating the depreciation claimed as application of income. 5. As far as the above ground is concerned, the learned Commissioner has placed reliance on : 1. Lissy Medical Institutions v. CIT (24 Taxmann.com 9(Ker.) In the said case, the Hon ble High Court of Kerala has held that when the assessee has claimed expenditure for acquisition of assets as application of income for charitable purposes, the assessee was not entitled to claim depreciation on such assets. 2. Dy. DIT(Exemption) v. Adi Sankara Trust (46 SOT 230). In the said case, the Tribunal has held that where expenditure i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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