IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. I.T.A. No.693 of 2010 Date of decision: 14.12.2010 Commissioner of Income Tax. -----Appellant. Vs. Maharaja Aggarsain Medical Education & Scientific Research Society. -----Respondent CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE AJAY KUMAR MITTAL Present:- Mr. Yogesh Putney, Sr.Standing counsel for the Revenue. --- ADARSH KUMAR GOEL, J. This appeal has been preferred by the revenue under Section 260-A of the Income Tax Act, 1961 (for short, “the Act”) against the order of the Income Tax Appellate Tribunal, New Delhi dated 30.4.2009 in I.T.A. No.1408/Del/08 proposing to raise following substantial questions of law:- “i) Whether on the facts and in the circumstances of the case, the learned ITAT was justified in holding that the depreciation on fixed asset is allowable in the case of charitable trust/institution particularly when the income is computed as per provisions of sections 11 to 13 of the Income Tax Act, 1961 and question of depreciation does not arise when capital expenditure is also considered as application of income of the I.T.A. No.693 of 2010 assessee and there remains to assets/WDV for claim of depreciation. The strength is drawn from the order of the Hon’ble Supreme Coprt of India passed in the case of Escorts Ltd. & another Vs. Union of India and others reported in 199 ITR 43 (108) CTR 275, wherein it has been held that when deduction under s.35(2) (iv) is allowed in respect of capital expenditure on scientific research, no depreciation is allowed under s.32 on the same asset. There is a fundamental axiom that double deduction is not intended unless there is a clear statutory indication to the contrary.” Learned counsel for the revenue fairly states that the matter is covered against the revenue by judgment of this Court dated 5.7.2010 in I.T.A. No.151 of 2010 CIT v. Market Committee, Narwana. Accordingly, the appeal is dismissed. (ADARSH KUMAR GOEL) JUDGE December 14, 2010 ( AJAY KUMAR MITTAL ) ashwani JUDGE 2