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2018 (9) TMI 2044

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..... and then to decide the issue afresh - HELD THAT:- Once the issue under consideration stands decided by the ld. CIT(A) in favour of the assessee, there remains nothing to be decided in the present appeal at this stage. Moreover, since the issue has been decided in the case of CIT vs. Rajashthan Gujrat Charitable Foundation [ 2017 (12) TMI 1067 - SUPREME COURT] in favour of the assessee, the orde .....

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..... e afresh. 2. In pursuance to this revision order u/s. 263, the AO disallowed the impugned depreciation of ₹ 40,62,845/- to the assessee vide order dated 30.06.2016 u/s. 143(3)/263 of the Act. In appeal against this order, the ld. CIT(A) vide order dated 27.03.2018 allowed the depreciation as application of income in view of the decision of Hon ble Supreme Court in the case of CIT vs. Raja .....

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