2012 (3) TMI 489

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....i M.G. Patel ORDER PER Kul Bharat, Judicial Member:- Present appeal has been preferred by the Revenue against the order dated 28-02-2011 passed by the Ld. Commissioner of Income-tax (Appeals)- XXI, Ahmedabad for assessment year 2008-09. 2. The facts in brief resulting into filing of the present appeal are stated as under:- The assessee is a charitable institute the return of income ....

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....r above communication, the case of Escorts Ltd. v. Union of India (1993) 199 ITR 43 is not applicable at all to instant case of SPIPA before you as SPIPA is a charitable institution and in the case cited by you, the claim of depreciation pertains to some other section of the Act when 100% (or more) depreciation has already been provided under section 35. Anyway not that you have raised this issue,....

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....e S.H. Kapadia who is Chief Justice of India" The contention of the assessee was not accepted by the Assessing Officer applying the decision of the Hon'ble Supreme Court in the case of Escorts Ltd. (supra). Thus claim of depreciation of Rs. 1,57,12,754/- was disallowed. The assessee feeling aggrieved by the order of AO preferred appeal before Ld. CIT(A). The Ld. CIT(A) after considering the submis....

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....e of Escorts Ltd. (supra) is not applicable in the present case. The AR further argued that in the identical facts and circumstances of Hon'ble Punjab and Haryana High Court has distinguished the judgment of the Hon'ble Supreme Court in favour of the assessee. The Ld. AR has relied upon the following case laws:- i) CIT v. Sheth Manilal Ranchhoddas Vishram Bhavan Trust 198 ITR 590 (Guj) ii) C....