Commissioner Of Income Tax v. M/S Mathura Dass Ved Kaur Memorial Education Society

IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH. I.T.A. No.493 of 2010 Date of decision: 8.11.2010 Commissioner of Income Tax. -----Appellant. Vs. M/s Mathura Dass Ved Kaur Memorial Education Society. -----Respondent. CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOELHON'BLE MR. JUSTICE AJAY KUMAR MITTAL Present:-Ms. Urvashi Dhugga, Standing Counselfor the revenue. --- ADARSH KUMAR GOEL, J. 1. This appeal has been preferred by the revenue underSection 260-A of the Income Tax Act, 1961 (for short, “the Act”)against the order dated 16.7.2009 in I.T.A. No.3683/Del/2008passed by the Income Tax Appellate Tribunal, New Delhi,proposing to raise following substantial question of law:- “Whether, on the facts and in the circumstances of thecase, the learned ITAT was right in law in upholdingthe order of the learned CIT(A) in allowing the claim ofdepreciation of Rs.20,63,423/- even when thededuction u/s 11 was already allowed in respect of thesame asset, which amounts to double deduction andis contrary to the decision of the Hon’ble SupremeCourt in the case of Escorts Limited and others vsUnion of India and others 199 ITR 43?” Learned counsel for the revenue fairly states that thematter is covered against the revenue by order of this Court dated10.8.2010 in I.T.A. No.346 of 2008 CITv. M/s Desh Bhagat Memorial Education Trust. Accordingly, this appeal is dismissed. (ADARSH KUMAR GOEL) JUDGE November 08, 2010ashwani ( AJAY KUMAR MITTAL ) JUDGE