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Judgment
Adarsh Kumar Goel, J.—This appeal has been preferred by the revenue u/s 260A of the Income Tax Act, 1961 (for short, "the Act") against the order dated 16.7.2009 in I.T.A. No. 3683/Del/2008 passed 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 the case, the learned ITAT was right in law in upholding the order of the learned CIT(A) in allowing the claim of depreciation of Rs. 20,63,423/-even when the deduction u/s 11 was already allowed in respect of the same asset, which amounts to double deduction and is contrary to the decision of the Hon''ble Supreme Court in the case of Escorts Limited and Others Vs. Union of India and others,
Learned Counsel for the revenue fairly states that the matter is covered against the revenue by order of this Court dated 10.8.2010 in I.T.A. No. 346 of 2008 CIT v. M/s Desh Bhagat Memorial Education Trust. I.T.A. No. 346 of 2008
Accordingly, this appeal is dismissed.