2021 (7) TMI 65

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Respondent : Mr.M.Kaushik And Mr.S.Sridhar JUDGMENT M. DURAISWAMY, J. Challenging the order passed in I.T.A.No.1813/Mds/2012 in respect of the Assessment Year 2009-2010 on the file of the Income Tax Appellate Tribunal, Chennai, "D" Bench (for brevity, the Tribunal), the Revenue has filed the above appeal. 2. The respondent-assessee is a Trust registered under section 12A of the Income....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e Income Tax Appellate Tribunal, the Revenue has filed the above appeal. 3. The above appeal was admitted on the following substantial questions of law: " (i) Whether In law and in the facts and circumstances of the case, the Tribunal Is right, holding that depreciation is allowable as application of income on charitable objects? (ii) Whether on the facts and in the circumstan....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ove appeal were already decided by the Division Bench of this court in the Common Judgment in T.C.A.Nos.343 to 345 & 347 of 2014 [Commissioner of Income Tax, Trichy Vs. M/s.National College Council, Teppakulam, Tiruchirapalli - 620 002] wherein the Division Bench held as follows:- " ................. 4.When the appeals were taken up for hearing, Mr.J.Narayanasamy, learned Senior Standing ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ppeals in T.C.A.Nos.680 & 681 of 2011 relates to the very same assessee. Hence, following the judgment of the Hon'ble Supreme Court reported in [2018] 402 ITR 441 (SC) and the judgment of the Hon'ble Division Bench of this Court made in T.C.A.Nos.680 & 681 of 2011, the substantial question of law is answered against the Revenue and the appeals are dismissed. No costs. 5. .The learned Se....