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Director Of Income Tax (Exemption) vs Framjee Cawasjee Institute on 9 July, 1992

"4. Question No. 2 herein is identical to the question which was raised before the Bombay High Court in the case of Director of Income-tax (Exemption) v. Framjee Cawasjee Institute [1993] 109 CTR 463. In that case, the facts were as follows: The assessee was the Trust. It derived its income from depreciable assets. The assessee took into account depreciation on those assets in computing the income of the Trust. The ITO held that depreciation could not be taken into account because, full capital expenditure had been allowed in the year of acquisition of the assets. The assessee went in appeal before the Assistant Appellate Commissioner. The Appeal was rejected. The Tribunal, however, took the view that when the ITO stated that full expenditure had been allowed in the year of acquisition of the assets, what he really meant was that the amount spent on acquiring those assets had been treated as 'application of income' of the Trust in the year in which the income was spent in acquiring those assets. This did not mean that in computing income from those assets in subsequent years, depreciation in respect of those assets cannot be taken into account. This view of the Tribunal has been confirmed by the Bombay High Court in the above judgment. Hence, Question No. 2 is covered by the decision of the Bombay High Court in the above Judgment. Consequently, Question No. 2 is answered in the Affirmative i.e., in favour of the assessee and against the Department."
Bombay High Court Cites 1 - Cited by 232 - S V Manohar - Full Document

B.S.Consultancy Services, North 24 ... vs Ito, Ward -51(1) Kol., Kolkata on 6 September, 2017

8. We note that these timing differences in recognition of revenue with corresponding TDS, will get adjusted in future years and hence there is no tax evasion on the part of the assessee. Moreover, the details of the impugned addition at Rs.1,93,02,985/- made by the AO is not available, that is, on what basis he worked out the addition at Rs.1,93,02,985/-, therefore, we do not agree with the addition made by assessing officer. Apart from this, we rely of the judgment of the coordinate Bench on the same issue in the case of B.S. Consultancy Services Vs. ITO, ITA no.345/Kol/2017 order dated 06.09.2017, wherein it was held as follows:
Income Tax Appellate Tribunal - Kolkata Cites 0 - Cited by 3 - Full Document
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