2013 (2) TMI 773

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....SR-AR For the Respondent Shri Rahul Kumar, SR-DR O R D E R PER Kul Bharat, Judicial Member:- These two appeals by the Revenue are directed against the different orders of Commissioner of Income-tax (Appeals)-XXI, Ahmedabad ('CIT(A)' for short) of even dated i.e., on 18-09-2012 pertaining to assessment year (AY) 2007-08 & 2008-09. First we take up Revenue's appeal in ITA No.2653/Ahd/....

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.... "profit and Gains from business and profession' of the Income Tax Act, 1961 would be available to a charitable trust whose income is otherwise not assessable under the above head." 3. All the grounds are inter-connected therefore are being disposed off together. The only controversy in this appeal is with regard to deletion of disallowance of depreciation. Ld. SR-DR Shri Rahul Kumar, for the R....

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....ordinate Bench of this Tribunal in ITA No. 2658/Ahd/2012 & CO No. 06/Ahd/2012 rendered in the case of ADIT (Exam) v. Friends of WWB India dated 31-01-2013 and the decision of Hon'ble jurisdictional High Court rendered in the case of Sheth Manilal Ranchhoddas Vishram Bhavan Trust (supra) has taken a view in favour of the assessee-trust. Moreover, the Hon'ble Jurisdictional High Court in Tax Appeal ....