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TMI Blog2011 (12) TMI 781X X X X Extracts X X X X X X X X Extracts X X X X ..... identical with the facts of the case for the A.Y. 2006-07 in the case of assessee. For that year, the Tribunal had passed its order on 31.03.2011 in ITA No. 1233/Del/2010, a copy of which has been placed before us. Therefore, it is argued that the finding recorded in paragraph 5.2 of that order may be made applicable to this year also. 2.1 In reply, the ld. Counsel for the assessee submitted that the facts are distinguishable. The AO has recorded a finding that cash book, bank book, ledger, bills/vouchers etc. have been produced in the course of assessment proceedings, which have been examined on a test check basis. The assessee has filed the details requisitioned from it and such details have been looked into. It is his case that in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terest of consistency as well as the order being a precedent of binding nature. Accordingly, the order is followed. Paragraph 5.2 of that order is reproduced overleaf for ready reference: - 5.2 The provision contained in section 11(4A) is clear to the effect that various deductions u/s 11 shall not be admissible in relation to any income, being profits and gains of business profit. Thereafter, a concession is also given that if (i) the business is incidental to attainment of objectives of the institution, and (ii) separate books of account are maintained in respect of such business, the assessee will become entitled to other deductions u/s 11. However, the other deductions will become inadmissible in respect of business income if ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wed for statistical purposes. 6. In so far as the deduction of depreciation is concerned, the case of the ld. Counsel is that the assessee has never written off capital assets from its accounts by treating them as application of income. Therefore, it is argued that the assessee is entitled to the deduction of depreciation. We find that this issue has not been discussed by the AO in the assessment order. Therefore, we think it fit to restore the matter to his file for considering this submission of the assessee also and thereafter decide it de novo after hearing the assessee. Thus, this ground is treated as allowed for statistical purpose. 31. Incidentally, it may also be mentioned that the assessee had preferred an applicati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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