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Deduction of depreciation to trust

pawan gupta (Student CA Final ) (46 Points)

30 July 2015

whether sub section (6) of sec 11 regarding non allowance of depreciation to Trust is applicable from F.Y. 2014-15 or 2015-16

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6 Replies

Z ( ) (2960 Points)
Replied 30 July 2015

It was inserted by F.A No.2 of 2014 and is applicable from 1.4.2015.

pawan gupta (Student CA Final ) (46 Points)
Replied 01 August 2015

so, it means we can claim deduction of depreciation upto F.Y. 2014-15.

Z ( ) (2960 Points)
Replied 01 August 2015

Check the jurisdiction of the assessee aswell since even prior to the amendments few High Courts disallowed the depreciation.

Eg Lissie Medical Institutions v. CIT (2012) 348 ITR 344 (Ker.)(High Court))

There were few more

Text from the memorandum

"These amendments will take effect from 1st April, 2015 and will, accordingly, apply in relation to the assessment year 2015-16 and subsequent assessment years"

A.Y 15-16 means F.Y 14-15

The second issue which has arisen is that the existing scheme of section 11 as well as section 10(23C) provides exemption in respect of income when it is applied to acquire a capital asset. Subsequently, while computing the income for purposes of these sections, notional deduction by way of depreciation etc. is claimed and such amount of notional deduction remains to be applied for charitable purpose. Therefore, double benefit is claimed by the trusts and institutions under the existing law.

The provisions need to be rationalised to ensure that double benefit is not claimed and such notional amount does not get excluded from the condition of application of income for charitable purpose.
In view of the above, it is also proposed to amend the Act to provide that under section 11 and section 10(23C), income for the purposes of application shall be determined without any deduction or allowance by way of depreciation or otherwise in respect of any asset, acquisition of which has been claimed as an application of income under these sections in the same or any other previous year.