9911796707
TMI Blog2023 (4) TMI 1091X X X X Extracts X X X X X X X X Extracts X X X X ..... rred Sl. Nos. 7 to 15 of the table. Hence, expenditure incurred on these counts cannot be allowed in computing income from other sources. Since income from agricultural activity is exempt from tax, expenditure incurred on such activity is also not be allowed as expenditure. From the details it is also seen that the appellant has received donation against which expenses on account of donation paid have been shown. Since donation is a voluntary contribution, no expenditure can be allowed for earning such income. However, in case of donations paid, the said amount is to be allowed as deduction u/s 80G in case donations paid are to entities which are approved for the purpose of section 80G. Accordingly, the Assessing Officer is directed to- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecline to interfere with the order of the ld. CIT(E). The appeal of the revenue stands dismissed. - ITA No. 6285/Del/2018 - - - Dated:- 23-2-2023 - Dr. B. R. R. Kumar, Accountant Member Sh. Yogesh Kumar US, Judicial Member Assessee by : Sh. K. Sampath, Adv. Sh. V. Rajkumar, Adv. Revenue by : Sh. Amit Shukla, Sr. DR ORDER Per Dr. B. R. R. Kumar, Accountant Member: The present appeal has been filed by the Revenue against the order of ld. CIT(A)-40, New Delhi dated 13.07.2018. 2. Following grounds have been raised by the Revenue: (i) On the facts and in the circumstances of the case and in law, Whether the Ld. CIT(A) has erred in directing the AO to asses and allow expenditure under the different h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2, 2005-06 to 2007-08, the Revenue filed appeals before Hon'ble Delhi High Court against the decision of the ITAT granting exemption to the trust. Based on the decision of the Delhi High Court in Judgment dated 20.11.2010, it was held that exemption cannot be allowed to the assessee. Further, it was also noted that vide order dated 02.12.2013 for assessment year 2009-10, the Hon'ble Delhi High Court had directed that if claim of the assessee regarding expenses and depreciation on taxable income is found to be allowable, the same should be allowed . Later, as per the directions of the Addl. CIT(E), Range-1 issued consequent to the application moved by the assessee for seeking directions in the case for non inclusion of income from c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 Schools 5,790,116 9,958,771 4,168,655 3 Cow Shelters 190,285 3,794,673 3,604,388 4 Temples 292,611 1,789,293 1,496,682 5 Donations 89,528 2,015,171 1,925,643 6 Misc. Income 13,651 - (13,651) 7 Expenses on lectures, literature Books etc. - 1,129,471 1,129,471 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed under the head Income from other sources . Further, while computing income under the head Income from other sources any expenditure (not been in the nature of capital expenditure) laid out or expended for the purpose of making or earning such income is to be allowed as deduction as per the provisions of section 57(iii). From the details as reproduced above, it is seen that no income has been earned for some of the expenses incurred Sl. Nos. 7 to 15 of the table in para 6.2.4. Hence, expenditure incurred on these counts cannot be allowed in computing income from other sources. Further, since income from agricultural activity is exempt from tax, expenditure incurred on such activity is also not be allowed as expenditure From the details ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ication of the ld. CIT(E), we find that the revenue authorities have duly allowed the depreciation and other expenses as directed to be considered by the Hon ble High Court. The revenue authorities have also allowed to set off of the business income with loss computed under the head income from other sources which is in tune with the provisions of the Income Tax Act. Since, exemption u/s 11 is not to be allowed as per the orders of the Hon ble High Court, the expenditure on which is unrelated to the earning of the income only has been disallowed. 9. Hence, we decline to interfere with the order of the ld. CIT(E). The appeal of the revenue stands dismissed. 10. With regard to the application for admission of additional ground under R ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
