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TMI Blog2020 (3) TMI 348X X X X Extracts X X X X X X X X Extracts X X X X ..... - Also Depreciation to assessee trust did ot lead to double deduction - Decided in favour of assessee - INCOME TAX APPEAL (IT) NO.1654 OF 2017 - - - Dated:- 2-3-2020 - UJJAL BHUYAN MILIND N. JADHAV, JJ. Mr. Pritish Chatterjee i/by Mr. Sham Walve, Advocate for the Appellant. Mr. Nitesh Joshi with Mr. A.K. Jasani, Advocate for the Respondent. P.C.:- 1. Heard Mr. Pritish Chatterjee, learned counsel instructed by Mr.Sham Walve, learned standing counsel, Revenue for the appellant; and Mr. Nitesh Joshi, learned counsel for the respondent-assessee. 2. This appeal has been preferred by the Revenue under Section 260A of the Income Tax Act, 1961 (briefly the Act hereinafter) assailing the order dated 30th November, 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 32 for the same or any other previous year in respect of that asset as it amounts to claiming a double deduction? (c) Whether on the facts and in the circumstances of the case and in law, the Tribunal erred in relying upon the judgment of Hon ble High Court in the case of CIT Vs. Institute of Banking Personnel Selection without appreciating the fact that Department has not accepted the decision on merit, but due to smallness of tax effect appeal was not filed before Hon ble Supreme Court. Moreover, department has filed SLP on the issue of depreciation in the case of G.D.Birla Medical Research Educational Foundation in which leave granted by the Hon ble Apex Court-S.L.P. (C)No.24904 of 2016 (C.A.No.8294 of 2016) and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pening? (g) Whether on the facts and in the circumstances of the case and in law, the Tribunal erred in holding that reopening u/s 147 of the Income Tax Act, 1961 was made on covered issues and no fresh material was there for reopening, without appreciating the facts that the assessee had claimed excessive allowance or relief and double deduction on account of depreciation in its return of income and no assessment u/s 143 (3) was carried out in the case of the assessee for the A.Y. 2006-07? 4. Mr. Joshi, learned counsel for the respondent/assessee submits that order of the Tribunal dated 30th November, 2016 is a common order disposing of four appeals in the case of the same respondent/assessee for four different assessment years. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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