ADIT, Hyderabad V. Mennonite Bretheren Charitable Trust, Mahabubnagar

ITA 1306/HYD/2010

• Counselvise Citation: 130622514 RSA 2010
• Duration Of Justice: 11 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-10-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 16-03-2011
• Assessment Year: 2007-2008
• Appeal Filed On: 12-10-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T VENKAT REDDY
• Assessee Lawyers: G KALYAN DAS
• Keywords: Depreciation
• Section: 11

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A , HYDERABAD BEFORE SHRI G.C. GUPTA, VICE PRESIDENT AND SHRI CHANDRA POOJARI ACCOUNTANT MEMBER ITA NOS.1303, 1304 & 1305/H/2010 ASSESSMENT YEARS 2002-03, 2004-05 & 2005-06 THE ADIT, EXEMPTIONS-1, HYDERABAD VS M/S KAMINENI EDUCATIONAL SOCIETY, HYDERABAD (AAATK 6305 J) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI T. VENKAT REDDY, CIT RESPONDENT BY : SHRI G. KALYAN DAS O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER: THESE THREE APPEALS PREFERRED BY THE REVENUE ARE DIRECTED AGAINST THE COMMON ORDER PASSED BY THE CIT(A) IV, HYDERABAD DATED 23.7.2010 AND PERTAINS TO THE ASSESSMENT YEARS 2002 -03, 2004-05 AND 2005-06. SINCE COMMON ISSUES ARE INVOLVED IN THESE THREE APPEALS THEY ARE CLUBBED TOGETHER, HEARD TOGETHER AND DISPOSED O FF VIDE THIS COMMON ORDER FOR THE SAKE OF CONVENIENCE. 2. THE ISSUES INVOLVED IN THESE THREE APPEALS ARE WITH REGARD TO DELETION OF DISALLOWANCE OF DEPRECIATION WHILE COMP UTING THE INCOME IN ACCORDANCE WITH THE SECTIONS 11 TO 13 OF THE INCOME TAX ACT, 1961. 3. AFTER HEARING BOTH THE PARTIES, WE ARE OF THE OPINION THAT SIMILAR ISSUES WERE CONSIDERED BY THIS TRIBUNAL VID E ORDER DATED 3.9.2010 IN ITA NOS. 807 TO 809/H/2010 FOR THE ASSESSMENT YE ARS 2001-02, 2003- 04 AND 2006-07 IN ASSESSEES OWN CASE WHEREIN THE TRIBUNAL DECIDED THE ISSUE OF ALLOWABILITY OF DEPRECIATION ON THE CAPIT AL ASSET IN FAVOUR OF THE ITA NOS.1304 TO 1306/H/2010 M/S KAMINENI EDUCATIONAL SOCIETY, HYDERABAD 2 2 ASSESSEE AND OBSERVED THAT THE JUDGEMENT OF THE HO N'BLE SUPREME COURT IN THE CASE OF ESCORTS INDIA LTD. REPORTED IN 199 I TR 43 IS NOT APPLICABLE TO THE FACTS OF THE PRESENT CASE. FURTHER, THE TRIBUN AL VIDE ITS ORDER DATED 3.12.2010 IN ITA NO.1769/HYD/2008 FOR THE ASSESSMEN T YEAR 2005-06 IN THE CASE OF M/S PRATIMA EDUCATIONAL SOCIETY, HYDER ABAD HAS TAKEN SIMILAR VIEW. 4. IN VIEW OF THE ABOVE ORDER OF THE TRIBUNAL, WE ARE INCLINED TO DISMISS THE REVENUE APPEALS ON SIMILAR TERMS. 5. IN THE RESULT, ALL THE THREE APPEALS FILED BY THE REVENUE IN ITA NOS.1304 TO 1306/HYD/2010 ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT 28. 12.2010 SD/- SD/- G.C. GUPTA CHANDRA POOJARI VICE PRESIDENT ACCOUNTANT MEMBER DATED THE 28 TH DECEMBER, 2010 COPY FORWARDED TO: 1. THE ADIT(EXEMPTIONS)-I, HYDERABAD 2. M/S KAMINENI EDUCATIONAL SOCIETY, KING KOTI, HYD ERABAD 3. CIT(A)-IV, HYDERABAD. 4. CIT, HYDERABAD 5. THE D.R., ITAT, HYDERABAD. NP