DIRECTOR OF INCOME TAX Vs. INDRAPRASTHA CANCER SOCIETY

JUDGEMENT

(1.) THIS common order, in relation to the aforesaid appeals, is on the point of admission. It is noticeable that in the case of M/s. Sanskriti Educational Society, ITA Nos. 463/2014 and 464/2014, the appeals filed by the Revenue are belated and applications have been filed for condonation of delay. In these two appeals and ITA No. 348/2014 filed against M/s. Sanskriti Educational Society, notice has not been served on the said respondent, but as we were inclined to dismiss the Revenue's appeals, we have heard arguments on behalf of the Revenue. In ITA 240/2014 and ITA 406/2014, the respondents i.e. M/s. Indraprastha Cancer Society and M/s. Abul Kalalm Azad Islamic Awakening, have been duly served.

(2.) THE respondent -assessees are charitable institutions to whom Sections 11 to 13 and other relevant provisions of the Income Tax Act, 1961 (Act, for short) apply. The issue raised in the present appeals is whether a charitable institution, which has purchased capital assets and treated the amount spent on purchase of the capital asset as application of income, is entitled to claim depreciation on the same capital asset utilised for business. Revenue submits that this would amount to double deduction.

(3.) ACCORDINGLY , the appeal was dismissed after observing that no contrary judgment has been brought to the notice of this Court.