TMI Blog2021 (8) TMI 1387X X X X Extracts X X X X X X X X Extracts X X X X ..... has been reversed by the Hon ble High Court. In view of this the order of the co-ordinate bench in assessee s own case for earlier year binds - Accordingly, we hold that the assessee is entitled to the benefit of Section 11 and 12 of the Act and there is no infirmity in the order of the ld. CIT (Appeals). Accordingly, ground No. 1 of both the appeals are dismissed. Claim of the depreciation , despite the assessee has claimed the whole cost of the assets as application of the income at the time of purchase of those assets has been allowed by the ld. CIT (Appeals) following the decision of Indraprastha Cancer Society [ 2014 (11) TMI 733 - DELHI HIGH COURT ] - We do not find any infirmity in the order of the ld. CIT (Appeals) in allowing t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e case of DIT(E) Vs. Charanjiv Charitable Trust dated 18.03.2014. 3. On the facts and in the circumstances of the case and in law, the Ld. C1T(A) has erred in allowing the claim of accumulated funds of Rs.15,56,41,758/- for A.Y. 2013-14 and Rs. 18,31,54,786/- for A.Y. 2014-15 u/s 11(2) in absence of benefit of exemption u/s 11 and 10(23C) of the Act. 4. The appellant craves leave to add, to alter or amend any ground of appeal raised above at the time of hearing. 3. Brief facts of the case shows that assessee is a society registered under Section 12A of the Income Tax Act, 1961 (the Act) as per order dated 24.04.1998, which was cancelled vide order dated 30th June, 2006. The assessee also made an application under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Appeals) allowed the appeal of the assessee for the reason that on identical facts and circumstances for assessment year 2009-10 the co-ordinate bench in ITA. No. 1412/Del/2014 as per order dated 30.11.2016 dismissed the appeal of the Revenue and allowing assessee benefit of Section 11 and 12 of the Act. Thus, the ld. CIT (Appeals) followed the order of the co-ordinate bench in assessee s own case for assessment year 2009-10 and granted assessee the benefit of Section 11 and 12 of the Act. The Assessing Officer is aggrieved with those orders and has preferred the appeals before us. 5. The ld. DR submitted that the Assessing Officer has correctly denied the benefit of section 11 and 12 of the Act to the assessee as it is hit by the provi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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