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2021 (3) TMI 393 - ITAT BANGALOREAssessment of trust - depreciation claim - AO disallowed the claim of the assessee for depreciation on the ground that the cost of acquisition of the assets has been claimed as application of income under section 11 of the Act in earlier previous years when the assets were acquired and therefore allowing depreciation on those assets would amount to allowing double deduction which is not permissible u/s.11(6) of the Act - CIT(A) ultimately concluded that the assessee failed to prove that the cost of acquisition of the assets on which depreciation was claimed had not been claimed as application of income in the year of their acquisition - HELD THAT:- Issue with regard to grant of depreciation should be remanded to the AO for fresh consideration. Admittedly, the assessee did not have proper opportunity of being heard before the CIT(A). The Assessee has given the list of fixed assets on which depreciation was claimed by the assessee detailing as to how the value of fixed assets were not claimed as application of income in the year of acquisition. This has not been considered either by the AO or by the CIT(A). Since the matter requires verification by the AO, we deem it fit and proper to set aside the issue to the AO for fresh consideration in the light of the observations made above and the evidence already on record with liberty to the Assessee to produce such other evidence as may be necessary or required to substantiate the claim of the Assessee. Appeal of the assessee is treated as allowed for statistical purposes.
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