TMI Blog2021 (10) TMI 219X X X X Extracts X X X X X X X X Extracts X X X X ..... AND GUJARAT CRICKET ASSOCIATION [ 2019 (1) TMI 1522 - ITAT AHMEDABAD we allow the appeal of the assessee. - I.T.A. No. 399/RJT/2017 - - - Dated:- 27-9-2021 - Mahavir Prasad, Member (J) And Amarjit Singh, Member (A) For the Appellant : Astha Maniar, A.R. For the Respondents : S.S. Rathi, A.R. ORDER Per Mahavir Prasad, JM This appeal has been filed by the Assessee is directed against the order of the Commissioner of Income Tax ('hereinafter called CIT(A)') order no. CIT(A)-2/10200(2016-17)//2017-18 order dated 10/08/2017 arising out of assessment order dated 30.11.2016. Assessee has taken following grounds of appeal: 1. The Ld. CIT(A)-2, Rajkot has erred in law and on facts in dismissing the appeal wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. During the course of assessment proceedings, it was noticed that the trust has claimed depreciation of ₹ 29,51,998/- In this respect the assesses trust was given show cause in respect of its claim for depreciation as under: During the course of assessment proceedings, it is seen that during the year under consideration, the trust has claimed Depreciation to the tune of ₹ 29,51,998/-. The authorized representative of the trust represented the case on 11-07-2016. He was asked as to why said sum should not be disallowed and added back to the income of the Trust or else justify the said claim as the same has been allowed as Capital expenditure in the preceding year and further allowance of the same would tantamount to doubl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on whether in case of the charitable trust that is assessee before us disallowance of depreciation is to be claimed as double deduction or not. 11. The Hon'ble Apex Court in the matter of CIT vs. Rajasthan Gujarati Charitable Foundation [2018] 402 ITR 441 wherein Apex Court has held as follows: Depreciation - Allowance/Rate of (Charitable trust) (Position prior to 1-4-2015) -Whether in case of assessee-charitable institution registered under section 12A, even though expenditure incurred for acquisition of capital assets was treated as application of income for charitable purposes under section 11(1)(a), yet depreciation would be allowed on assets so purchased - Held, yes [Para 5] [In favour of assessee]. 12. ITAT, Ahmedab ..... X X X X Extracts X X X X X X X X Extracts X X X X
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