2019 (6) TMI 606

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....DA, A.M. This appeal filed by the Revenue is directed against the order dated 6th May, 2016 of the Ld. CIT(Appeals)-40, New Delhi relating to AY 2012-13. 2. The only effective ground raised by the Revenue reads as under: 1. "On the facts and circumstances of the case and in law, Ld. CIT(A) has erred in allowing the appeal of the assessee by ignoring the fact that when deduction is allowed in r....

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....and/or grant of financial assistance and donations etc. to the existing schools colleges, universities and other institutions. It filed its return of income on 28th September, 2012 declaring nil income. The return was accompanied with the audit report dated 16th May, 2012. The AO during the course of assessment proceedings observed that in a case where the capital expenditure has been treated to h....

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.... claimed as the investment in the building was earlier treated as application of income u/s 11(1) of the Act. It was submitted that assessee has claimed the depreciation of Rs. 58,12,769/- only on various items on which no deduction as application of income has been claimed by the assessee. It was argued that assessee could have claimed the entire expenditure as application of income but the asses....

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....f the assessee and I find considerable merit in the submissions of the assessee that the assessee has not claimed any double deduction as discussed above the departmental appeal on the issue has been dismissed by the Hon'ble Tribunal during the AY 2009-10 and accordingly the AO is directed to allow the depreciation. 4.3 I would like to place on record the appreciation that the assessee is at lea....