Commissioner Of Income Tax(E), Delhi v. Institute Of Pesticide Formulation Technology

$~13 *IN THE HIGH COURT OF DELHI AT NEW DELHI +ITA 163/2016 COMMISSIONER OF INCOME TAX(E), DELHI..... AppellantThrough:Mr. Dileep Shivpuri, Senior StandingCounsel, Mr. Sanjay Kumar andMr. Vikrant A. Maheshwari, Advocates. ..... Appellant Versus INSTITUTE OF PESTICIDE FORMULATION TECHNOLOGY, ..... Respondent Through:None. CORAM:HON'BLE MR. JUSTICE S. RAVINDRA BHATHON'BLE MR. JUSTICE NAJMI WAZIRIO R D E R % 28.11.2016 The question of law sought to be urged by the Revenue in its appealunder Section 268A of the Income Tax Act, 1961 is, whether the depreciationshould have been allowed given that its income is exempt by virtue of Section11 (23) of the Act. The Revenue argues that such reduction is not permissibleand would amount to a double benefit. The question of law is, in fact, coveredby the decision of this Court in ITA No.140/2012 titled Director of Income TaxVs. Vishwa Jagriti Mission, (2013) 262 CTR 568. Therefore, no question oflaw arises. The appeal is dismissed. S. RAVINDRA BHAT, J. NOVEMBER 28, 2016/sb NAJMI WAZIRI, J.