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08-03-2019, Shri Ramswaroop Charitable, Section 11, 12, 3, 13, Tribunal Lucknow

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1 week 2 days ago #8778 by amit
Section - 11, 12, 3, 13, 13(l)(d), 11(1)(a), 32
Order Date - 08-03-2019
Favouring - Assessee
Court - Tribunal Lucknow
Appellant - DCIT
Respondent - Shri Ramswaroop Charitable Trust
Justice - A.D JAIN VP & T.S. KAPOOR AM
Citation - 319Taxpundit226
Appeal No. - ITA No.557/LKW/2017
Asstt. Year - 2013-14

Order

PER : T.S. KAPOOR

This is an appeal filed by the Revenue against the order of ld. CIT(A)-4, Lucknow dated 04 07.2017. The grounds of appeal taken by the Revenue are reproduced as below:

“1. Ld. Commissioner of Income Tax (A) has erred in law and facts by allowing the benefit of section 11 thereby deleting the addition of surplus of Rs.8,66,26,577/- ignoring the fact that the assessee charged extra fees from the students in excess of the stipulated fees approved by the Statutory Body, resulting in capitation fees which is against the provisions of Section 11 & 12 of the I.T. Act;

2. Ld. Commissioner of Income Tax (A) has erred in law and on facts by deleting the addition made on account of disallowance of depreciation of Rs. 6,07,22,423/- gnoring the fact that the appellant had already claimed deduction of full value of fixed assets in earlier years resulting in WDV being zero on which depreciations cannot be claimed, allowing depreciation u/s 32 of the Act would amount to double deduction which is not permissible;

3. Ld. Commissioner of Income Tax (A] has erred in law and facts by deleting the addition of Rs. 8,57,31,152/- ignoring the fact that the assessee could produce ledger accounts and vouchers for Rs. 7,69,08,761/- only during the assessment proceedings, hence this amount was added to the total income of the assessee, as unexplained credits u/s 68 of the I.T. Act;

4. Ld. Commissioner of Income Tax (A) has erred in law and facts by deleting the addition of Rs.1,65,66,693/- made by the AO on account of personal expenses ignoring the fact that the assessee could not produce proper vouchers during the assessment proceedings;

5. Ld. Commissioner of Income Tax (A) has erred in law and facts by deleting the addition of Rs.2,03,53,745/- made by the AO on account of administrative expenses ignoring the fact that the assessee could not substantiate the increase in expenditure and did not furnish any justification and explanation in this regard during the assessment proceedings;

6. Ld Commissioner of Income Tax (A) has erred in law and facts by deleting the addition of Rs.4,78,01,284/- made on account of disallowances of interest paid term loan ignoring the fact that the interest on term loan is capital expenditure, which cannot be claimed in Income & Expenditure account;

7. The order of Ld. CIT(A) be cancelled and the order of the A.O. restored.”

2. At the outset, the ld. DR submitted that the Assessing Officer had made various additions, which the ld. CIT(A) has wrongly deleted.

3. Arguing Ground No.1, the ld. DR submitted that the assessee had charged extra fees from the students in excess of the stipulated fees approved by the statutory body which was nothing but the capitation fees and therefore, the ld. CIT(A) should not have deleted the addition.

4. Arguing Ground No.2, the ld. DR submitted that the Assessing Officer had made disallowance of depreciation as the assessee had claimed deduction of full value of fixed assets in earlier years and therefore, the WDV had become zero and therefore, the depreciation could not have been claimed assets.

5. Arguing Ground No.3, the ld. DR stated that the addition was made u/s 68 of the Act as the assessee was not able to explain the unexplained credit. It was further argued that against the addition of Rs.8,57,31,152/- the assessee could produce ledger account and vouchers for Rs 7,69,08,761/- only.

6. As regards Ground No.4, the ld. DR stated that the Assessing Officer had made the disallowance on account of personal expenses as the assessee was not able to produce proper vouchers during the assessment proceeding.

7. Arguing Ground No.5, the ld. DR submitted that this addition was made on account of increase in administrative expenses as the

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