COMMISSIONER OF INCOME TAX & ORS. vs SETH ANANDRAM JAIPURIA EDU. SOCIETY CONTONMENT & ORS.

Whether depreciation can be claimed by a charitable trust on capital assets whose entire cost has already been allowed as deduction under Section 11 of the Income Tax Act, 1961, without amounting to double deduction --- Held No, it does not amount to double deduction as Section 11 provides for exemption of certain income, not deduction, and depreciation is allowable to determine the funds to be applied for charitable purposes. Whether scholarship paid to a student for pursuing higher education abroad qualifies as application of income for charitable purposes --- Held Yes, advancement of education is a charitable purpose, and the scholarship was admissible as charitable expenditure.