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2019 (11) TMI 1713 - HC - Income TaxDepreciation Claim u/s 32 of assessee trust - double deduction on account of depreciation - HELD THAT:- The reliance on the decision of the Escorts [1992 (10) TMI 1 - SUPREME COURT] in the question, does not support the contention of the Revenue. This for the reason that it did not deal with the issue of an exemption available to the Trust under Section 11 of the Act. It was concerned with the issue of double deduction being claimed under Section 35 of the Act i.e. capital expenditure on scientific research and depreciation under Section 32 of the Act. The issue of Section 11 of the Act has been directly dealt by the Apex Court in Rajasthan & Gujarati Charitable Foundation, Pune [2017 (12) TMI 1067 - SUPREME COURT]Thus, it would apply to the present facts.In view of the above, the question as framed does not give rise to any substantial question of law. Thus, not entertained. Carry forward of the deficit - This issue also stands concluded against the Revenue by the decision of the Apex Court in CIT (Exemption) v/s. Subros Educational Society [2018 (4) TMI 1622 - SC ORDER]
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