| Monday, June 27, 2011 |
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1. COMMISSIONER OF INCOME TAX Vs. INDIAN HOTELS CO. LTD., SPECIAL LEAVE TO APPEAL (CIVIL) NO. 21087/2010, DATE: 09/05/2011, SUPREME COURT OF INDIA The department filed a SLP challenging the order of the Bombay High Court declining to condone delay of 656 days in filing the appeal. The delay was explained as having been caused by “several facts such as non traceability of case records, procedural formalities involved in the Department and the papers are to be processed through different officers in rank for their comments, approval etc. and then the preparation of the draft of appeal memo, paper book and the administrative difficulties such as shortage of staff“. HELD dismissing the SLP: In our opinion, the said explanation does not make out a sufficient cause for condonation of delay in filing the appeal before the High Court. In that view of the matter, we do not find any ground to interfere with the impugned judgment. The Special Leave Petition is dismissed on the ground of delay as well as on merits. (Please Click here for judgment)
2. DY. DIRECTOR OF INCOME TAX (EXEMPTION) Vs. ADI SANKARA TRUST, ITA. NO. 96/COCH/2009 & C.O. 18/COCH/09, ASSESSMENT YEAR:2005-06, DATE: 16/06/2011, ITAT – COCHIN Whether when assessee, a charitable body, has already claimed deduction for acquisition of capital assets as application of money, the further claim of depreciation on the same assets would amount to double benefits. No legislation would have intended a double deduction in respect of the same business outgoing, and it was impossible to conceive otherwise, i.e., unless clearly so expressed. In other words, the intention of non double deduction is the given status, and is to be presumed, unless there is an express provision to the contrary in a particular case, and which was not so in the case(s) before it. The assessee's contention is, thus, not valid. Thus, the findings given in the case of Lissie Medical Institutions are endorsed. (Please Click here for judgment)
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