1 itxa952-10 sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.952 OF 2010 The Commissioner of Income Tax-IV, Pune ..Appellant. V/s. The Society of St. Mary's School ..Respondent. Mr. Vimal Gupta for the appellant. None for the respondent. CORAM : J.P. DEVADHAR AND A.A.SAYED, JJ. DATED : 11TH JULY, 2011 P.C. :- 1. Whether the ITAT was justified in allowing the depreciation to the assessee Charitable Trust, is the question raised in this appeal. 2. The Tribunal relying upon the judgment of this Court in the case of CIT V/s. Insitute of Banking reported in (2003) 264 of ITR 110 has held that the assessee is entitled to depreciation. No case is made out by the revenue to take a contrary view. Accordingly, the appeal is dismissed with no order as to costs. (A.A. SAYED, J.) (J.P. DEVADHAR, J.)