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2020 (10) TMI 1364

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..... claim - Second issue is also squarely covered in favour of the assessee by the tribunal order in assessee s own case in which, the tribunal has followed a judgment of Hon ble Supreme Court rendered in the case of CIT vs. Rajasthan and Gujarat Charitable Foundation Poona [ 2017 (12) TMI 1067 - SUPREME COURT ] Hence, we decline to interfere in the order of CIT (A). Appeal of the revenue is dism .....

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..... the present case by ignoring the judgment of Hon ble Kerala High Court rendered in the case of Lissie Medical Institution vs. CIT, 348 ITR 344 and judgment of Hon ble Supreme Court rendered in the case of Escorts Ltd. vs. UOI, 199 ITR 43 3. In course of hearing, learned DR of the revenue supported the assessment order on both issues and learned AR of the assessee supported the order of CIT (A) .....

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..... of Hon ble Karnataka High Court rendered in assessee s own case. Regarding the second issue i.e. regarding allowability of depreciation in the present case, Learned AR of the assessee placed reliance on the tribunal order rendered in the own case of the assessee for A. Y. 2012 13 in ITA No. 951/Bang/2017 dated 03.07.2020 copy on pages345 to 362 of the paper book and pointed out that in Paras 14 .....

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