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TMI Blog2021 (4) TMI 548X X X X Extracts X X X X X X X X Extracts X X X X ..... or Respondent : No Appearance JUDGMENT (Judgment was delivered by M. DURAISWAMY, J.) Challenging the order passed in I.T.A.No.1772/Mds/2012 in respect of the Assessment Year 2009-2010 on the file of the Income Tax Appellate Tribunal, Chennai,"C" Bench (for brevity, the Tribunal), the Revenue has filed the above appeal. 2. The respondent-assessee is a Charitable Trust registered under section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pose of section 11 of the Act. Aggrieved over the order passed by the Assessing Officer, the assessee preferred an appeal before the Commissioner of Income Tax(Appeals), who allowed the appeal in favour of the assessee and held that the depreciation is to be deducted in arriving at the total income of the assessee. Aggrieved by the order of CIT (Appeals), the Revenue filed an appeal before the Inc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es of the case, the Tribunal is right in holding that allowing the depreciation claim of the assessee would not result in double deduction, though the entire costs of the depreciable assets have already been allowed as as application of income towards objects of the trust?" 3. .When the appeal is taken up for hearing, Mr.J.Narayanasamy, learned Senior Standing Counsel appearing for the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 (SC). Further, the learned Senior Standing Counsel submitted that following the decision of the Hon'ble Supreme Court, the Hon'ble Division Bench of this Court, by judgment dated 26.08.2019, made in T.C.A.Nos.680 & 681 of 2011 [Commissioner of Income Tax - I, Tiruchirapalli Vs. M/s.National College Council, P.B.No.369, Chatram Bus Stand, Teppakulam, Tiruchirapalli - 620 002] dismissed th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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