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TMI Blog2013 (12) TMI 485X X X X Extracts X X X X X X X X Extracts X X X X ..... DGMENT (Judgment of the Court was delivered by Chitra Venkataraman, J.) The assessee has preferred this appeal challenging the order of the Income Tax Appellate Tribunal, Bench 'D', Chennai, dated 17.7.2013, made in I.T.A.No.757/MDS/2013. 2.The assessee is the Public Educational Trust registered under Section 12 AA of the Income Tax Act, 1961. As regards the assessment year 2009-2010, the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the application of income based on the earlier years, exceeded by 85% of the income was held to be not correct and thus, the Commissioner upheld the order of the Assessing Officer. On the basis of the facts available, the Commissioner held that there was deficit application of income than the total income of the trust of the respective years. 3.As regards the claim of depreciation in computing th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the above, the assessee went on appeal before the Income Tax Appellate Tribunal. On consideration of the claim of the assessee, the Tribunal held that the Commissioner had calculated the total application of income indicating the shortfall of Rs.2,18,31,054/- and at the same time, the order revealed that the corpus donations had been held as not part of the income and hence they were mutually ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... income, it would be entitled for depreciation on assets used in the business." 5.Aggrieved by the above, the present appeal is preferred by the assessee. 6.The only grievance projected in this appeal by the assessee, is that while remanding the matter back to the Assessing Officer, the Tribunal, on the issue of depreciation, ought not to have made the observation as contained in the above said e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... influenced by the observation made, the Assessing Officer shall consider the claim of the appellant/assessee as regards the depreciation on the fixed assets, for the purposes of finding out the compliance of Section 11 of the Act. It is open to the assessee to place such materials including the decisions relied upon by them, before the Assessing Officer for passing a fresh order in accordance with ..... X X X X Extracts X X X X X X X X Extracts X X X X
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