TMI Blog2014 (12) TMI 1229X X X X Extracts X X X X X X X X Extracts X X X X ..... duction i.e., depreciation and capital expenditure on fixed assets. - Decided in favour of assessee. - I.T.A.No. 2219/Mds/2014 - - - Dated:- 12-12-2014 - Shri A. Mohan Alankamony, Accountant Member Shri V. Durga Rao, Judicial Member For the Appellant: Shri P. Radhakrishnan, JCIT For the Respondent: Shri Saroj Kumar Parida, Advocate O R D E R PER V. DURGA RAO, JUDIC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .T.A. No. 1910/Mds/2013 dt. 13.02.2014 and M/s. Vidya Vikasini Society in I.T.A. No. 1935/Mds/2013 dated 07.03.2014, directed the Assessing Officer to allow the depreciation claimed by the assessee. 4. Aggrieved, the Revenue is in appeal before the Tribunal. 5. The ld. DR strongly supported the order passed by the Assessing Officer. 6. On the other hand, the ld. Counsel for the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on in the case of ITO v. M/s. CMS educational Charitable Trust in I.T.A. No. 2261/Mds/2012 others dated 17.04.2013, by considering the judgement of Hon ble Kerala High Court, decided similar issue on identical facts, wherein the Tribunal has held as under: 5. We have heard the parties and perused the case files. 6. The three assessees before us are Trusts and scrutiny assessm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ggrieved. 9. As already stated hereinabove, the sole issue involved is depreciation in case of trusts i.e., whether it amounts to double deduction or not. We find that, the Revenue has relied on a decision of Hon ble Kerala High Court (pleaded in the grounds) and on the other hand, the assessees draw support from the decisions of the Hon ble Punjab and Haryana High Court (supra). Faced wi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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