2021 (6) TMI 1003

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....g Counsel For Respondent : Mr. R. Venkatnarayanan JUDGMENT (Judgment was delivered by M. DURAISWAMY, J.) Challenging the order passed in I.T.A.No.1790/Mds/2012 in respect of the Assessment Year 2009-2010 on the file of the Income Tax Appellate Tribunal, Chennai,"A" Bench (for brevity, the Tribunal), the Revenue has filed the above appeal. 2. The respondent-assessee is a Charitable T....

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....ces that are provided in chapter V cannot be applied in determining the income for the purpose of section 11 of the Act. Aggrieved over the order passed by the Assessing Officer, the assessee filed an appeal before the Commissioner of Income Tax (Appeals) and the Commissioner of Income Tax (Appeals) allowed the appeal. Challenging the order passed by the CIT (Appeals), the Revenue filed an appeal ....

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.... (iii) Whether in law and in the facts and circumstances of thé case, the Tribunal is right in holding that allowing the depreciation claim of the assessee would not result in double deduction, though the entire cost of the depreciable assets has already been allowed as application of income towards object of the trust?" 4. When the appeal is taken up for hearing, Mr. J. Narayana....

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....jasthan and Gujarati Charitable Foundation reported in [2018] 402 ITR 441 (SC). Further, the learned Senior Standing Counsel submitted that following the decision of the Hon'ble Supreme Court, the Hon'ble Division Bench of this Court, by judgment dated 26.08.2019, made in T.C.A.Nos.680 & 681 of 2011 [Commissioner of Income Tax - I, Tiruchirapalli Vs. M/s.National College Council, ....