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TMI Blog2014 (1) TMI 483X X X X Extracts X X X X X X X X Extracts X X X X ..... e of such asset was in fact allowed under S.11, and if it was so allowed, the depreciation would not be allowed in respect of such asset. - ITA No.1585 & 1586/Hyd/2012 - - - Dated:- 8-2-2013 - Shri Chandra Poojari And Shri Saktijit Dey,JJ. For the Appellant : Shri M. Ravindra Sai For the Respondent : None ORDER Per Saktijit Dey, Judicial Member:- These two appeals by the Revenue are directed against the orders of the Commissioner of Income-tax(Appeals) IV, Hyderabad both dated 31.7.2012 for the assessment years 2008-09 and 2009-10. Since only a common issue is involved, both these appeals are being disposed off with this common order for the sake of convenience. 2. Effective grounds of the Revenue in appeal ITA No.1585 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eals of the Revenue, relating to allowability of depreciation claimed by the assessee is covered by the consistent decisions of the Tribunal in similar matters, as in the case of ADIT V/s. Vyjayanthi Educational Society, Mahaboobnagar in ITA No.1417/Hyd/- 2010 for assessment year 2007-08, and the CIT(A), in the impugned orders, in fact, has also noted among others that it is covered by the decision of the Tribunal in assessee's own case for the assessment years 2001-02 to 2003-04 an 2006-07. The Tribunal in its order dated 8.6.2012, in the case of Vyjayanthi Educational Society (supra), to which both of us are parties has dealt with this issue in the following manner- "6. We heard both the parties on this issue. Similar issue came up for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was so allowed, the depreciation would not be allowed in respect of such asset. Only if the value of the asset was not allowed as expenditure under S.11, the Assessing Officer is required to allow depreciation thereon, as per the rate applicable to those assets, as held in the case of Mahila Sidh Nirman Yojna, cited supra. This issue raised by the Revenue is also set aside to the file of the Assessing Officer for fresh consideration, in the light of the above observations. The Assessing Officer shall accordingly redecide the issue in accordance with law and after giving reasonable opportunity of hearing to the assessee." 5. In consonance with the consistent view of the Tribunal in similar matters, we set aside the impugned order of the CI ..... X X X X Extracts X X X X X X X X Extracts X X X X
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