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2016 (2) TMI 901

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..... Mr N A Kazi For the Respondent : Mr. Madhur Agarwal a/w Mr. Atul Jasani ORDER P. C. 1. Both these appeals by the Revenue under Section 260A of the Income Tax Act, 1961 (the Act) challenge the common order dated 13th May 2013 passed by the Income Tax Appellate Tribunal (Tribunal). The common impugned order dated 13th May 2013 relates to Assessment Years 2007-08 and 2008-2009. 2. At the time o .....

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..... th dated 19th March 2012 of the Commissioner of Income Tax Appeal [CIT (A)] for Assessment Years 2007-08 and 2008-09 respectively. The issue before the Tribunal was whether the respondent - assessee, a charitable trust was entitled to a claim of deduction on account of depreciation in respect of the assets which has been acquired and used for the purpose of activities of the trust. 4. The CIT(A) .....

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..... axmann.com 208) wherein an identical dispute as raised before it had been raised by the Revenue placing reliance on Escorts Ltd. (supra) was dismissed. In view of the fact that the impugned order of the Tribunal has followed the decision of the jurisdiction of Court i.e. Bombay High Court, we were not inclined to entertain the appeal. 5. Mr.Malhotra, learned Counsel for the Revenue, in support of .....

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..... M/s.Jawaharlal Nehru Port Trust (supra). This by placing reliance upon the earlier decision of this Court dismissing the Revenue's appeal in The Director of Income Tax (Exemption) Vs. The Watch Tower Bible & Trust Society of India being Income Tax Appeal No. 1548 of 2012 rendered on 10th December 2014 which had also considered identical issue including the admission of Revenue's appeal in .....

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