Baba Hira Singh Bhattal Institute of Engineering & Technology. v. DCIT (2024) 204 ITD 698 /115 ITR 202/ 228 TTJ 273 (Chd) (Trib.)

S. 10 (23C) : Educational institution-No disallowance can be made buy applying provisions of section 11 and 12-Grant in aide-Could not be considered as assessee’s income-Exempt from tax-Depreciation-Not claimed cost incurred on acquisition of fixed assets as application of income-Depreciation is allowable. [S.10(23C)(vi), 11, 12, 32]

Held that where assessee-educational institution was approved under section 10(23C)(vi), no disallowance could have been made by applying provisions of sections 11 and 12.  Grant in aide  funds could be spent for specified purposes only on specific approval of State Government, same were grant-in-aid which could not be considered as assessee’s income and thus, same would be exempt from tax. When assessee-educational institution had not claimed cost incurred on acquisition of fixed assets as application of income, order disallowing depreciation as application of income is  deleted.  (AY. 2015-16)

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