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TMI Blog2014 (12) TMI 1263X X X X Extracts X X X X X X X X Extracts X X X X ..... ue against the order of the Commissioner of Income Tax(Appeals)-I, Coimbatore dated 13-06-2014 for the Assessment Year (AY) 2010-11. The only issue raised by the Revenue in appeal is claim of depreciation of the assessee, allowed by the CIT(Appeals). 2. The assessee is a trust registered u/s.12A of the Income Tax Act, 1961 (herein after referred to as 'the Act'). The assessee filed its return of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Tribunal in the following cases: i. M/s.Ramananda Adiglar Foundation in ITA No.1790/Mds/2012 for the AY.2009-10 decided on 14-02-2013; ii. M/s.Ellen Charitable Trust in ITA No.1910/Mds/2013 decided on 13-02-2014; iii. M/s.Vidya Vikasini Society in ITA No.1935/Mds/2013 decided on 07-03-2014. allowed the claim of assessee. Now, the Revenue has come in appeal before the Tribunal impugning the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have perused the orders of the authorities below. The Revenue has come in appeal impugning the findings of CIT(Appeals) in allowing the claim of depreciation of the assessee. It is an un-disputed fact that the issue in appeal has already been adjudicated in favour of the assessee by the co-ordinate bench of the Tribunal in the cases of : i. M/s.Ramananda Adiglar Foundation in ITA No.1790/Mds/20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nate bench, catena of judgments were referred and discussed to conclude that in case of trusts registered u/s.12A, the claim of depreciation does not amount to double deduction. The Hon'ble Punjab & Haryana High Court in the case of CIT Vs. Market Committee, Pipli (supra) has held that the income of the assessee being exempt, the assessee is only claiming that depreciation should be reduced f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons of the Income Tax Act. The facts in the present case are entirely different. Thus, the decision rendered in the case of J.K. Synthetics Ltd., Vs. Union of India (supra) by the Hon'ble Supreme Court of India is distinguishable. The Hon'ble High Courts in various decisions have unambiguously held that in such cases, the claim of depreciation does not amount to double deduction. The Trib ..... X X X X Extracts X X X X X X X X Extracts X X X X
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