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TMI Blog2022 (6) TMI 1515X X X X Extracts X X X X X X X X Extracts X X X X ..... taken by the Tribunal in favour of the Respondent Assessee following the decision in case of CIT vs. Institute of Banking Personnel Selection [ 2003 (7) TMI 52 - BOMBAY HIGH COURT] has been approved by the Supreme Court in the case of Rajasthan Gujarati Charitable Foundation Poona [ 2017 (12) TMI 1067 - SUPREME COURT] This question of law as sought to be urged therefore, does not arise for consid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tax (Appeals), the Pharmacy run by the Hospital - Assessee was integrally attached to the activities of Assessee which finding of fact has been confirmed by the Tribunal. Nothing is shown to us how this finding recorded is perverse. No substantial question of law. - NITIN JAMDAR AND N.R. BORKAR, JJ. Mr. Suresh Kumar a/w. Ms Krunali Satra for the Appellant. Mr. Madhur Agrawal a/w. Mr. Upendra Lok ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dered as an independent entity. These questions were debated before the Tribunal and held against the Appellant-Revenue. 4. As regards the question sought to be urged by the Appellant-Revenue that the Tribunal has erred in allowing depreciation which amounted to double deduction on account of depreciation on the very same assets in case of the Respondent Assessee, which is a Trust, the learned Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the Hospital premises of the Respondent -Assessee, the Tribunal had followed the decision of this Court in case of Baun Foundation Trust vs. Chief Commissioner of Income-tax [2013] 33 taxmann.com 677 (Bombay). The Tribunal has also referred to other decisions of the coordinate benches of the Tribunal. The Division Bench of this Court has taken a view that if on the analysis of fact, it is foun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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