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TMI Blog2016 (7) TMI 1693X X X X Extracts X X X X X X X X Extracts X X X X ..... No.4988/M/2015 - - X X X X Extracts X X X X X X X X Extracts X X X X ..... of convenience, though they are heard separately, considering the commonality of the issues involved, they are clubbed and disposed of in this consolidated order. 2. Since, the grounds raised in all the five appeals are identical, therefore, for the sake of reference and for the purpose of adjudication, the grounds raised by the Revenue in appeal ITA No.5756/M/2015 (AY 2010-2011) are extracted as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and in law, CIT (A) erred in allowing the depreciation, 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 favour of the department after considering the decision of Hon'ble Supreme Court in the case of Escorts Ltd (199 ITR 43). 3. The common issue involved in all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CTR (Bom) 463; judgment of Hon'ble Punjab and Haryana High Court in the case of CIT vs. Market Committee, Pipli [2011] 330 ITR 16 (P&H) and another judgment of Punjab and Haryana High Court in the case of CIT vs. Tiny Tots Education Society [2011] 330 ITR 21. In this regard he read out the conclusion given in the case of Director of Income Tax (Exemption) vs. Framjee Cawasjee Institute which reads ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... past years. Considering the binding nature of the judgments and the covered nature of the issue, we are of the opinion that the issue of allowability of depreciation on depreciable assets should be decided in favour of the assessee. Accordingly, the decision taken by the CIT (A)s by allowing the assessee's claim in all the appeals under consideration is fair and reasonable and the same does not ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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