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2015 (10) TMI 1451 - ITAT DELHIDepreciation on capital expenditure applied for the object of the trust - whether allowance of deduction on account of depreciation will amount to double deduction? - CIT(A) allowed the claim - Held that:- No force in the contentions raised by the learned Departmental representative as the relief has been granted by the learned Commissioner of Income-tax (Appeals) on the basis of decision of jurisdictional High Court in the case of DIT v. Vishwa Jagriti Mission (2015 (8) TMI 89 - DELHI HIGH COURT ). When the decision of the jurisdictional High Court is available on any issue then as per well established law, the same is binding upon the authorities working under the jurisdiction of the High Court. The issue raised by the Revenue is squarely covered by the aforementioned decision of the hon'ble jurisdictional High Court in the case of DIT v. Vishwa Jagriti Mission (supra) therefore, we do not find any error in the relief given by the learned Commissioner of Income-tax (Appeals) to the assessee in respect of both the impugned assessment years. Accordingly, we decline to interfere and the Departmental appeals being devoid of merits are dismissed. - Decided in favour of assessee.
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