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TMI Blog2013 (12) TMI 485X X X X Extracts X X X X X X X X Extracts X X X X ..... For the Appellant : Mrs. (Dr.) Anita Sumanth For the Respondent : Mr. J. Narayanasamy JUDGMENT (Judgment of the Court was delivered by Chitra Venkataraman, J.) The assessee has preferred this appeal challenging the order of the Income Tax Appellate Tribunal, Bench 'D', Chennai, dated 17.7.2013, made in I.T.A.No.757/MDS/2013. 2.The assessee is the Public Educational Trust registered under Section 12 AA of the Income Tax Act, 1961. As regards the assessment year 2009-2010, the assessee filed its return of income admitting gross receipts of Rs.8,56,05,633/- and NIL income after claiming exemption under Section 11 of the Act. After scrutiny, a notice was issued to them. In the course of the assessment proceedings, the appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... penditure is allowed in its entirety as deduction, any further allowance under any other section would amount to double deduction and hence not permissible. In the light of the above, the Commissioner dismissed the appeal filed by the assessee. 4.Aggrieved by the above, the assessee went on appeal before the Income Tax Appellate Tribunal. On consideration of the claim of the assessee, the Tribunal held that the Commissioner had calculated the total application of income indicating the shortfall of Rs.2,18,31,054/- and at the same time, the order revealed that the corpus donations had been held as not part of the income and hence they were mutually contradictory. The Tribunal further held that what was required was a detailed adjudication ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relied on by the assessee. 7.Considering the limited prayer made, we ordered notice to the learned Standing Counsel for the Revenue and after hearing the learned Counsel for the parties and going through the contentions taken by the assessee, we feel that the observation of the Tribunal in paragraph No.11 of its order as extracted above, alone is to be eschewed and accordingly, we hold that without being influenced by the observation made, the Assessing Officer shall consider the claim of the appellant/assessee as regards the depreciation on the fixed assets, for the purposes of finding out the compliance of Section 11 of the Act. It is open to the assessee to place such materials including the decisions relied upon by them, before the A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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