TMI Blog2017 (12) TMI 1827X X X X Extracts X X X X X X X X Extracts X X X X ..... - Following the decision of jurisdictional High Court in DIT (E) vs. Indraprastha Cancer Society [ 2014 (11) TMI 733 - DELHI HIGH COURT ] this Tribunal held for the AY 2011-12, that the assessee is entitled to claim depreciation on the fixed assets which were claimed on application of income in earlier years. Nothing contrary is brought on record by the Revenue to disturb the findings of the Tribunal in assessee s own case for the assessment years 2009-10 2011-12 on the aspect of entitlement of the assessee to benefit u/s 11 12 of the Act and also to claim depreciation on fixed assets which were claimed as application of income in earlier years. Revenue appeal dismissed. - ITA No. 1625/Del/2015 - - - Dated:- 22-12-2017 - Shri N. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3 dated 18.03.2014, wherein the Hon ble Court has held that the Tribunal was not justified in directing the allowance of depreciation in respect of such assets. 5. The appellant craves leave to add, to alter or amend any ground of appeal raised above at the time of hearing. 2. Briefly stated facts, relevant for the purpose of the appeal, are that the assessee is a charitable Trust and is registered as per trust deed dated 10.08.1961. The trust is registered u/s 12AA(1) dated 15.05.1974 and also u/s 80G dated 02.12.2009. The trust was founded with the object of charitable work of promoting the welfare with youth etc. The assessee has been doing the charitable work of promoting the welfare and cause of the youth and is having host ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he purview of Section 2(15) of the Act and he also failed to take note that the assessee was involved in business activities. It is further contended that, in view of the judgment of the jurisdictional High Court in Chiranjiv Charitable Trust vs. DIT (E) in ITA N. 321, 322 and 323/2013 dated 18.09.2014, the assessee is not entitled to claim the depreciation in respect of assets. Per contra, it is the argument on behalf of the assessee that the issue of the entitlement of the assessee to the benefit of exemption u/s 11 12 of the Act was considered at length by the Tribunal in assessee s own case for the assessment years 2009-10 2011-12 in ITA Nos. 5502/Del/2012 and ITA No. 3635/Del/2015 and the Hon ble High Court in ITA No. 867 to 869/De ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w arises. 5. Further while following the decision of jurisdictional High Court in DIT (E) vs. Indraprastha Cancer Society (supra), this Tribunal held in ITA No. 3635/Del/2015 for the AY 2011-12, that the assessee is entitled to claim depreciation on the fixed assets which were claimed on application of income in earlier years. Nothing contrary is brought on record by the Revenue to disturb the findings of the Tribunal in assessee s own case for the assessment years 2009-10 2011-12 on the aspect of entitlement of the assessee to benefit u/s 11 12 of the Act and also to claim depreciation on fixed assets which were claimed as application of income in earlier years. We, therefore, while respectfully following the same, find that there a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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