2011 (11) TMI 690

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.... Ambastha ORDER Shailendra Kumar Yadav (Judicial Member) This appeal by the Revenue is directed against the order of CIT(A)-III Pune dated 23-12-2009 for A.Y. 2006-07 allowing the claim of depreciation on immovable property to the extent of ₹ 1,08,86,330/- over and above the capital expenditure on the concerned asset claimed by the assessee. 2. The assessee is a registered public charita....

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....red. It is seen that identical issue arose in the case of appellant in A.Y 2004-05 and 2005-06 wherein the learned CIT(A) negative the action of the A.O in disallowing the depreciation on buildings after observing that the decision of Bombay High Court in the case of CIT Vs. Institute of Banking Personnel Section 264 ITR 110 is squarely applicable wherein it was held that depreciation is still all....