TMI Blog2021 (7) TMI 65X X X X Extracts X X X X X X X X Extracts X X X X ..... RAPALLI. [ 2021 (4) TMI 469 - MADRAS HIGH COURT] substantial questions of law, which have been framed in these appeals, have been answered against the Revenue as relying on RAJASTHAN AND GUJARATI CHARITABLE FOUNDATION POONA [ 2017 (12) TMI 1067 - SUPREME COURT] . - Decided against revenue. - T.C.A.No.97 of 2014 - - - Dated:- 14-6-2021 - THE HON'BLE MR. JUSTICE M.DURAISWAMY AND THE HON' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sallowed the claim of the assessee on the ground that it amounts to giving deductions/exemptions twice.. Aggrieved by the order passed by the Assessing Officer, the assessee filed an appeal before the Commissioner of Income Tax (Appeals) and the appellate authority allowed the appeal. Challenging the order passed by the CIT (Appeals), the Revenue filed an appeal before the Income Tax Appellate Tri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rcumstances of th case, the Tribunal is right in holding that allowing the depreciation claim of the assessee would not result in double deduction, though the entire cost of the depreciable assets has already been allowed as application of income towards object of the trust? 4. When the appeal is taken up for hearing, Mr.J.Narayanasamy, learned Senior Standing Counsel appearing for the appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 18] 402 ITR 441 (SC). Further, the learned Senior Standing Counsel submitted that following the decision of the Hon'ble Supreme Court, the Hon'ble Division Bench of this Court, by judgment dated 26.08.2019 , made in T.C.A.Nos.680 681 of 2011 [Commissioner of Income Tax I, Tiruchirapalli Vs. M/s.National College Council, P.B.No.369, Chatram Bus Stand, Teppakulam, Tiruchirapalli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o.407 of 2014 [The Commissioner of Income Tax, Coimbatore. v. M/s. Kovai Medical Centre and Educational Trust, Coimbatore] and dismissed the appeal. 6. In view of the fair submission made by the learned Senior Standing Counsel, following the Judgment dated 26.02.2021 made in T.C.A.Nos.343 to 345 347 of 2014 [cited supra] and the Judgement dated 08.04.2021 made in T.C.A.No.407 of 2014 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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