ACIT(E) v. Indraprastha Cancer Society and Research Center (2020) 77 ITR 27 (SN) (Delhi)(Trib.)

S. 11 : Property held for charitable purposes-Computation of income-Depreciation-Provision barring allowance of depreciation on asset whose acquisition treated as application of income-Prospective-Entitled to depreciation for earlier years-Provision for bad and doubtful debts and bad debts-Provision restricting allowance to debts written off applicable only prospectively-Provision reasonably made for loss or outgoing, can be deducted from income if there is apprehension that debt might become bad-Losses arising on sale of assets to be considered while computing income. [S.2 (15), 11(6), 32, 28 to 44, 45 to 48]

Tribunal held  that insertion of sub-S (6) to S.  11 was with effect from April 1, 2015 only and therefore, it would be applicable with effect from April 1, 2015 only and not to earlier assessment years. Therefore the assessee was entitled to depreciation. That a provision for bad and doubtful debts and bad debts was considered allowable up to and including the assessment year 1988-89 and it was only from the assessment year 1989-90 that the Act required that a mere provision would not be allowable as a deduction and the actual writing off of the debt was a necessary pre-condition. Be that as it may, under the commercial principles it has always been recognised that a provision, reasonably made for a loss or an outgoing, can be deducted from the income if there is apprehension that the debt might become bad. While computing the income available to the trust for application to charitable purposes in India in accordance with S.11(1)(a) the provision for doubtful debts must be deducted. That the income under S. 11 has to be determined on commercial principles and losses arising on sale of assets of the society shall be considered. Therefore, the capital loss has to be considered while calculating the income of the assessee. (AY. 2012-13)