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TMI Blog2014 (7) TMI 1102X X X X Extracts X X X X X X X X Extracts X X X X ..... A No. 3640/Del/2012 - - - Dated:- 11-7-2014 - SHRI S.V. MEHROTRA AND SHRI C.M. GARG, JJ. For the Appellant : Smt. Shalini Verma Sr. DR. For the Respondent : Shri Jaswant Singh CA ORDER S. V. Mehrotra (Accountant Member).- This appeal, by the Department, is directed against the order dated April 12, 2012 passed by the learned Commissioner of Income-tax (Appeals)-XXI, New ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Officer referred to the decision of the Tribunal in the case of Parkash Education Society wherein, inter alia, it was held as under : In a case where the capital expenditure has been treated to have been applied for the object of the trust, allowance of deduction on account of depreciation will amount to double deduction. 2.1. Accordingly, the Assessing Officer disallowed t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 011] 48 SOT 60 (Indore) ; and ITO (Exemption) v. J. D. Tytler School Society [2014] 30 ITR (Trib) 277 (Delhi). 2.4. The learned Commissioner of Income-tax (Appeals) relying on the decision of the Income-tax Appellate Tribunal in the case of Dr. Khera Charitable Trust and the decision of the hon'ble Punjab and Haryana High Court in the case of CIT v. Tiny Tots Education Society ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om the students was utilised for development of amenities for the benefit and welfare of the children. The school had during the previous year provided a swimming pool and other games facilities and computers and testing equipment in the science laboratories. For all those activities the school collected the development fund which was treated as capital fund being earmarked for development of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and depreciation had to be allowed. 3.1. The order of the Commissioner of Income-tax (Appeals) being in conformity with the aforementioned decisions, we see no reason to interfere with the same. Accordingly, the order of the Commissioner of Income- tax (Appeals) is confirmed. 4. In the result, the Department's appeal is dismissed. The order pronounced in the open court on July 11, 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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