TMI Blog2011 (8) TMI 1174X X X X Extracts X X X X X X X X Extracts X X X X ..... urposes of the trust. There was thus no double deduction claimed by the assessee. - ITA No: 4108/Mum/2010 - - - Dated:- 10-8-2011 - SHRI R V EASWAR, PRESIDENT AND SHRI B RAMAKOTAIAH, ACCOUNTANT MEMBER For the petitioner : Dr K Shivaram For the Respondent : Mr Parthsarthi Naik ORDER RV EASWAR, PRESIDENT: This is an appeal by the department and it relates to the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Escorts Ltd. vs. Union of India reported in 199 ITR 43 that in no circumstances benefit of double deduction can be claimed and allowed . 2. The assessee is a trust and registered as a charitable organization under section 12A of the Income Tax Act, 1961 and also with the Charity Commissioner, Mumbai on 27.12.1971. In the income and expenditure account filed for the year under appeal along wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orts Ltd. vs. Union of India (1993) 199 ITR 43 (SC) where double deduction, once as cost of the asset and again as depreciation thereon, was prohibited. He therefore added back the depreciation of ₹ 58,24,330/- to the income of the assessee. 3. On appeal, the CIT(A) allowed the assessee s claim on the basis of the judgment of the Bombay High Court cited supra, against which the revenue ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duction in regard to the same business outgoing and if it is so intended, it will be clearly expressed. On this basis the Supreme Court refused to allow a deduction of depreciation on assets used for scientific research, since the acquisition of the assets themselves were allowable as deduction, even though the expenditure represented capital expenditure. Both these judgments have been considered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s which had to be applied for the purposes of the trust. There was thus no double deduction claimed by the assessee. In coming to this conclusion the Punjab Haryana High Court, inter alia, followed the judgment of the Hon ble Bombay High Court cited above and distinguished the judgment of the Supreme Court cited supra. In this view of the matter, and respectfully following the judgment of the Pu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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