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2018 (7) TMI 2204

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....ferred cross objections relating to the assessment year 2005-06. 2. Common grounds in all these appeals relate to the direction given by the Ld. CIT(A) to the Assessing Officer ("ld. AO") to allow the exemption under section 11 (1) of the Act to the assessee. Additional ground in ITA No. 4133/Del/2015 relates to the deletion of addition of Rs. 10,80,000/-made by the Ld. AO on account of interest income. So also the other additional ground involved in other two appeals are against the allowance of depreciation on the assets purchased by the application of the receipts. It is submitted on behalf of the assessee that all these issues are squarely covered by the decisions of the coordinate bench of this Tribunal in assessee's own case. 3.....

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....ns of the Ld. AO on the aspect of trade Mark of "GD Goenka" and the modus operandi of accrual of the franchise fee etc. However, there is no denial of the fact that there is no change in the facts and circumstances of the case from the years 2009-10 and 2012-13. Hon'ble jurisdictional High Court in ITA 871/2017 by order dated 30/10/2017 dealt with these aspects and upheld the findings of the Tribunal for the Assessment Year 2009-10. 6. On a careful perusal of the orders of the Tribunal and of the Humble High Court we are convinced that the facts continue to be the same and there is no reason for us to take a different view from the view taken for the assessment years 2009-10 and 2012-13. With this view of the matter we do not find any il....