Muwahhid Educational Foundation v. CIT(A) (2023) 103 ITR 26 (SN) (Bang) (Trib)

S. 32 : Depreciation-Income wrongly shown under the head income from other sources instead of business income-Matter remanded to the Assessing Officer. [S. 10(23C) (iii)(ad), 28(i), 56]

Tribunal held that the assessee’s activities fell under “Profits and gains of business or profession” and that the Assessee had wrongly offered the income under the head  “Income from Other sources”. That the income of the assessee should be computed under the head profit and gains of business & profession as per under Chapter IV D. Therefore, the assessee should be eligible for depreciation on Fixed Assets as per section 32 of the Act. The Hon’ble Tribunal remitted the issue back to the AO to determine the eligibility of the claimed depreciation. (AY.2017-18)

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