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2016 (8) TMI 1430

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..... in stands concluded against the appellant - revenue and in favour of the respondent – assessee that by decision of this Court in CIT Vs. Institute of Banking Personnel Services [2003 (7) TMI 52 - BOMBAY HIGH COURT]. In fact the impugned order of the Tribunal placed reliance upon the aforesaid decision of this Court to dismiss the revenue's appeal before it. In the above view as the impugned order .....

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..... der of the Commissioner of Income Tax (Appeals) [CIT(A)] whereby the CIT(A) allowed the claim of depreciation of ₹ 7,60,79,804/-, relying on the decision of this Court in the case of CIT Vs. Institute of Banking Personal Services reported at 264 ITR 110 (Bom) ignoring the ratio of Hon'ble Supreme Court judgment in the case of Escorts Ltd. Vs. Union of India (199 ITR 43) wherein Hon'b .....

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..... ent years which is legally not permissible ? 3. It is agreed position between the parties that the issue raised herein stands concluded against the appellant - revenue and in favour of the respondent assessee that by decision of this Court in CIT Vs. Institute of Banking Personnel Services 264 ITR 110. In fact the impugned order of the Tribunal placed reliance upon the aforesaid decisio .....

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