Commissioner Of Income Tax,Trichy v. M/S.saranathan Academy Of Higher Education

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM: THE HON'BLE MR.JUSTICE R.MAHADEVANANDTHE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ Commissioner of Income Tax,Trichy. ...Appellant in all T.C.As Versus M/s.Saranathan Academy of Higher Education,12, Venkateswara Nagar,Panjapur, Tiruchirapalli – 620 012. ...Respondent in all T.C.As Common Prayer: Tax Case Appeals filed under Section 260 (A) ofthe Income Tax Act, 1961 against the order passed by the IncomeTaxAppellateTribunalMadras'D'BenchinI.T.A.Nos.1111/Mds/2013,1112/Mds/2013,1113/Mds/2013,1114/Mds/2013 & 1115/Mds/2013 respectively dated 07.11.2013 andagainst the order of the Commissioner of Income Tax (Appeals)Tiruchirapalli dated 22.02.2013 in ITA.Nos.346/10-11, 345/10-11,416/09-10, 199/11-12 & 200/11-12 respectively and against theorder of the Assistant Commissioner of Income Tax (Circle IV)Trichy in PA/GIR.No.AAETS6115N for the Assessmbly years 2005-06,2006-07 & 2007-08 respectively dated 21.12.2020 and for theAssessment Years 2008-09, 2009-10 dated 23.12.2011 respectively. For Appellant in all T.C.As:Mr.J.NarayanasamyFor Respondent in all T.C.As:Mr.Sriram for Mr.S.Sridhar (Judgment of the Court was delivered by R.MAHADEVAN, J.) All these Tax Case Appeals have been preferred by theappellant/revenue against the order of the Tribunal, relating tothe respective assessment years 2005-06, 2006-07, 2007-08, 2008-09 & 2009-10. 2.On 10.11.2014, all these Tax Case Appeals were admitted onthe following substantial question of law: “Whether on the facts and in the circumstances ofthe case, the Income Tax Appellate Tribunal was rightin holding that the assessee is entitled to claimdepreciation on the assets even though the cost ofpurchase of asset was already treated as applicationof income under Section 11?” 3.Today, when these Tax Case Appeals were taken up forhearing, the learned counsel on either side submitted in unisonthat the identical substantial question of law has been answeredagainst the Revenue by the Hon'ble Supreme Court in CIT v.Rajasthan and Gujarati Charitable Foundation [[2018] 402 ITR 441(SC)]. Following the said decision, TCA.Nos.680 and 681 of2011 filed by the Revenue raising the similar question of law,were dismissed, by judgment dated 26.08.2019. 4.In view of the above submission, the substantial questionof law raised herein is answered against the appellant/Revenueand all the Tax Case Appeals stand dismissed. No costs. Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar mrr To 1. The Income Tax Appellate Tribunal 'D' Bench, Chennai.2. The Commissioner of Income Tax (Appeals) Trichy.3. The Assistant Commissioner of Income Tax (Circle IV) Trichy. Chennai.2. The Commissioner of Income Tax (Appeals) Trichy.3. The Assistant Commissioner of Income Tax (Circle IV) Trichy. +1cc to M/s.S.Sridhar, Advocate, S.R.No.37578 AJS(CO)RGA(26/07/2022) T.C.A.Nos.574 and 779 to 782 of 2014