2012 (7) TMI 1133

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....d part of Dehradun. All developmental schemes as well as beautification of these Districts are to be done by assessee. 3. The assessee has taken the following grounds of appeal :- "Ground NO.1: On the facts and circumstances of the case and in law, the learned CIT (A) has grossly erred in not appreciating the fact that the Appellant Authority has been created with the object of general public utility which is a charitable object within the meaning of section 2(15) of the Income Tax Act and the Authority has been granted exemption u/s 12AA vide Registration No. 137/08-09 dt: 09/03/09 by CIT Dehradun. Ground NO.2: On the facts and circumstances of the case and in law, the learned CIT (A) has grossly erre....

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....e ITAT has also directed that if the AO finds that the same is capital then he should also decide as to whether any depreciation is allowable as per law. Ld. AR pleaded to restore the issue to the file of Assessing Officer with similar directions. Ld. DR relied on the orders of the authorities below. 5. We have heard both the sides on this issue. We have also gone through the order of ITAT in the assessee's case in ITA Nos.785 & 1206/Del/2009 for Assessment Years 2004-05 and 2005-06 dated 12th June, 2009 wherein ITAT in para 4 has directed as under:- "4. We have considered the rival submissions and perused the materials on record and have gone through the orders of the authorities below. We find that when the orders are passed b....