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TMI Blog2017 (9) TMI 373X X X X Extracts X X X X X X X X Extracts X X X X ..... (2003 (7) TMI 52 - BOMBAY High Court ) and allowing the stand of the assessee. - Decided against revenue - ITA NOS. 116 TO 118/MUM/2017, 777 And 778/MUM/2017 - - - Dated:- 31-8-2017 - SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH, JUDICIAL MEMBER For The Appellant : Shri V. Justin For The Respondent : None ORDER PER G.S. PANNU, AM : The captioned five appeals have been preferred by the Revenue against the same assessee pertaining to Assessment Years 2006-07, 2008-09, 2010-11, 2011-12 and 2012-13. Since the appeals relate to the same assessee and involve certain common issues, they have been clubbed and heard together and a consolidated order is being passed for the sake of convenience and brevity. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t amounts to claiming a double deduction. 2. Whether, on the facts and in the circumstances of the case and in law the ld CIT(A) erred in allowing the appeal, when the Delhi High Court in the case of Charanjiv Charitable Trust and Kerala High Court in the case of Lissie Medical Institutions vs CIT 76 DTR (Ker) 372 has decided the issue in the favour of the department after considering the decision of Hon'ble Supreme Court in the case of Escorts Ltd (199 ITR 43). 3. Whether, on the facts and in the circumstances of the case and in law the ld CIT(A) erred in relying upon the decision of Hon'ble ITAT which subsequently upheld by the Hon'ble high Court in assessee's own case for AY 2007-08, which was rendered after c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... election but due to smallness of tax effect appeal was not filed before Hon'ble Supreme Court. However, in assessee's case for AY 2007-08, SLP on this issue has been filed by the Department which is pending for adjudication before Hon'ble Supreme Court. 7. Whether, on the facts and in the circumstances of the case and in law, the Ld CIT(A) erred in allowing the claim of depreciation and carry forward of deficit without appreciating the fact that Revenue has filed SLPs in other cases inclusive the case of G.D. Birla Medical Research Educational Foundation (S.L.P.(C) No. 24904 of 2016 (C.A.No.8294 of 2016) (issue of depreciation) and the case of MIDC (SLP (Civil) 9891 of 2014) (issue of deficit) and in both the cases leave ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assets has also been taken as an application of income while computing the total income. According to the Assessing Officer, this amounted to a double deduction and he, therefore, disallowed the assessee s claim for depreciation. The CIT(A) has since allowed the claim of the assessee following the judgment of the Hon'ble Bombay High Court in the case of Institute of Banking Personnel Selection, 264 ITR 110 (Bom) as well as in assessee s own case. 9. Before us, the plea of the Department is that the decision of the Hon'ble Bombay High Court in the case of Institute of Banking Personnel Selection (supra) has not been accepted by the Department on merits and on a similar issue, SLP (Civil) no. 9891 of 2014 has been filed before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Grounds of appeal urged by the Revenue before the Hon'ble High Court, which read as under :- ( a) Whether on the facts and in the circumstance of the case and in law, the Tribunal was justified in confirming the order of the CIT(A) to allow the claim of depreciation relying on the decision of this Court in the case of CIT v/s. Institute of Banking Personnel Services reported in 264 ITR 110 (Bom) ignoring the ratio of Hon'ble Supreme Court judgment in the case of Escorts Ltd. V/s. Union of India (199 ITR 43) wherein Hon'ble Supreme Court has held that double deduction cannot be presumed if the same is not specifically provided by law, in addition to normal deduction? ( b) Whether on the facts and in the circumstanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... following the judgment of the Hon'ble Bombay High Court in the assessee s own case and in the case of Institute of Banking Personnel Selection (supra) ; in fact, similar situation has been further affirmed by the Hon'ble Bombay High Court in the case of M/s. Mumbai Education Trust (supra). Therefore, on this aspect also, we find no error on the part of the CIT(A) in allowing the claim of the assessee, which we hereby affirm. 12. In the result, appeal of the Revenue for Assessment Year 2008-09 is dismissed. 13. Insofar as Appeals in ITA Nos. 778/Mum/2017, 777/Mum/2017, 117/Mum/2017 and 118/Mum/2017 pertaining to Assessment Years 2006-07, 2010-11, 2011-12 and 2012-13 respectively are concerned, although the Revenue has raised ..... X X X X Extracts X X X X X X X X Extracts X X X X
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