TMI Blog2011 (12) TMI 562X X X X Extracts X X X X X X X X Extracts X X X X ..... Salil Mishra For the Respondent : Hiren Mehta ORDER U. B. S. Bedi (Judicial Member) This appeal of the department is directed against the order passed by the Ld. CIT(A) XXI, New Delhi dated 27.7.2011 relevant to asstt. year 2007-08 raising the single ground that CIT(A) has erred in allowing depreciation amounting to ₹ 93,70,596/- on certain fixed assets particularly when f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ddas Vishram Bhavan Trust, Karnataka High Court in CIT vs. Society of the Sisters of St. Anne (1984) 146 ITR 28, CIT vs. Rao Bahadur Calavala Cunnan Chetty Charities (1982) 135 ITR 485 the Madras High Court, CIT vs. Institute of Banking Personnel Selection, Taxman 386 (Bom.), Director of Income Tax (Exemption) vs. Framjee Cawasjee Institute, 109 CTR 463 (Bom.), CIT vs. M/s. Tiny Tots Education Soc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the order the Hon ble P H High Court has distinguished the judgment of Hon ble Supreme Court in the case of Escorts Ltd. Others as under :- 9. In the present case the assessee is not claiming double deduction on account of depreciation as has been suggested by learned counsel for the Revenue. The income of the assessee being exempt, the assessee is only claiming that depreciation should ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n case claim of the assessee is allowed that would amount to double deduction. 4. Ld. Counsel for the assessee relied upon the order of Ld. CIT(A) and pleaded for its confirmation as not only one High Court but various High Courts have also taken the similar view and Ld. CIT(A) has placed reliance upon latest decision of Hon ble P H High Court to allow the appeal of the assessee whose order s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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