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2017 (12) TMI 1827 - AT - Income TaxBenefit of exemption u/s 11 & 12 - activities of the trust were not within the purview of Section 2(15) - CIT-A allowed the deduction - HELD THAT:- CIT (A) held that the assessee is entitled to the benefit of exemption u/s 11 & 12 of the Income Tax Act, 1961 for the AY 2009-10, Department preferred an appeal before the Tribunal [2013 (9) TMI 84 - ITAT NEW DELHI] and such an appeal was dismissed by the Tribunal by way of order [2013 (9) TMI 84 - ITAT NEW DELHI] which also shows that it was held therein that the assessee is entitled to the benefit of the exemption u/s 11 & 12 of the Act Claim of depreciation to the assessee trust - Following the decision of jurisdictional High Court in DIT (E) vs. Indraprastha Cancer Society [2014 (11) TMI 733 - DELHI HIGH COURT] this Tribunal held for the AY 2011-12, that the assessee is entitled to claim depreciation on the fixed assets which were claimed on application of income in earlier years. Nothing contrary is brought on record by the Revenue to disturb the findings of the Tribunal in assessee’s own case for the assessment years 2009-10 & 2011-12 on the aspect of entitlement of the assessee to benefit u/s 11 & 12 of the Act and also to claim depreciation on fixed assets which were claimed as application of income in earlier years. Revenue appeal dismissed.
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