CIT v. Rajasthan & Gujarati Charitable Foundation Poona

402 ITR 441Supreme Court of India2018#504 most cited

What is CIT v. Rajasthan & Gujarati Charitable Foundation Poona authority for?

Depreciation is allowable as a deduction even if the expenditure for acquiring the capital asset was treated as application of income for charitable purposes. This does not constitute a double benefit.

187

judgments rely on this decision, according to BharatTax’s citation analysis of 366,418 Indian tax judgments — from 2017 to 2026.

Also referred to as

CIT v. Rajasthan & Gujarati Charitable Foundation Poona · section 11(1)(a) · depreciation allowance · application of income · charitable trust · double benefit · capital asset expenditure

Also reported as

300 CTR 1

Sections most often in play

Section 11(6)Section 12ASection 10(23C)(vi)Section 143(3)Section 13(1)(c)Section 145(3)Section 69Section 11

Issues it is cited on

section 11(6)advancement of general public utilitysection 11(1)(a)section 11(4a)section 11(1)proviso to section 2(15)section 13(3)application of incomesection 13(1)corpus donationsection 10(23c)section 11(2)

Judgments citing CIT v. Rajasthan & Gujarati Charitable Foundation Poona

The Institute of Indian Foundrymen, Kolkata vs. ITO, Ward-1(3), Exempt, Kolkata.

In the result, the appeal of the assessee is allowed

ITA 906/KOL/2023[2014-15]Status: DisposedITAT Kolkata18 Mar 2024AY 2014-15

Bench: Shri Sanjay Garg & Shri Rajesh Kumar]

Section 11Section 12ASection 2(15)

…for application. 23. After hearing the rival contentions and perusing the material on record, we find that the assessee’s case is squarely covered by the decision of Hon’ble Apex Court in the case of CIT vs. Rajashthan and Gujrati Charitable Foundation [2018] 402 ITR 441 (SC) in the context of amendment in Section 11(6) of the Act by the Finance (NO.2) Act 2014 w.e.f 01.04.2015 wherein it has been held that up to AY 2015-16 the assessee is entitled to claim the cost of acquisition of fixed asset as application of income and further depreciation thereon in subsequent years. The operative part is reproduced as unde…

Indian Chamber of Commerce, Kolkata vs. DCIT, Cir-1(1), (Exemption), Kolkata.

In the result, both the appeals of the assessee are allowed

ITA 934/KOL/2023[2014-15]Status: DisposedITAT Kolkata22 Dec 2023AY 2014-15

Bench: Shri Rajpalyadav, Vice-(Kz) & Shri Rajesh Kumar]

Section 11Section 12ASection 2(15)Section 25

…or application. 23. After hearing the rival contentions and perusing the material on record, we find that the assessee’s case is squarely covered by the decision of Hon’ble Apex Court in the case of CIT vs. Rajashthan and Gujrati Charitable Foundation [2018] 402 ITR 441 (SC) in the context of amendment in Section 11(6) of the Act by the Finance (NO.2) Act 2014 w.e.f 01.04.2015 wherein it has been held that up to AY 2015-16 the assessee is entitled to claim the cost of acquisition of fixed asset as application of income and further depreciation thereon in subsequent years. The operative part is reproduced as unde…

Indian Chamber of Commerce., Kolkata vs. DCIT, Cir-1(1), (Exemption), Kolkata

In the result, both the appeals of the assessee are allowed

ITA 933/KOL/2023[2013-14]Status: DisposedITAT Kolkata22 Dec 2023AY 2013-14

Bench: Shri Rajpalyadav, Vice-(Kz) & Shri Rajesh Kumar]

Section 11Section 12ASection 2(15)Section 25

…or application. 23. After hearing the rival contentions and perusing the material on record, we find that the assessee’s case is squarely covered by the decision of Hon’ble Apex Court in the case of CIT vs. Rajashthan and Gujrati Charitable Foundation [2018] 402 ITR 441 (SC) in the context of amendment in Section 11(6) of the Act by the Finance (NO.2) Act 2014 w.e.f 01.04.2015 wherein it has been held that up to AY 2015-16 the assessee is entitled to claim the cost of acquisition of fixed asset as application of income and further depreciation thereon in subsequent years. The operative part is reproduced as unde…

Rambagh Golf Club, Jaipur vs. ITO Exemptions, Jaipur

In the result the appeal of the assessee in ITA No

ITA 444/JPR/2023[2014- 15]Status: DisposedITAT Jaipur09 Nov 2023

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Sh. P. C. Parwal (FCA)For Respondent: Smt. Monisha Chaudhary (Addl. CIT)
Section 143(2)Section 143(3)Section 32Section 35Section 35(2)

…aimed on the assets, expenditure on which has already been accounted as application of income. The ld. AR of the assessee thus relied upon the said amendment and the judgment in the case of Supreme Court in the case of CIT Vs. Rajasthan & Gujarati Foundation 402 ITR 441(SC) and Jansava Trust Vs. ITO (Exemption) in ITA No. 320/Bang/2023 where in the claim of the deprecation is allowed. Rambagh Golf Club vs. ITO Exemption 8. The ld DR is heard who relied on the findings of the lower authorities and more particularly advanced the similar contentions as stated in the order of the ld. CIT(A) and that of the asses…

Rambagh Golf Club, Jaipur vs. ITO Exemption, Jaipur

In the result the appeal of the assessee in ITA No

ITA 443/JPR/2023[2013- 14]Status: DisposedITAT Jaipur09 Nov 2023

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Sh. P. C. Parwal (FCA)For Respondent: Smt. Monisha Chaudhary (Addl. CIT)
Section 143(2)Section 143(3)Section 32Section 35Section 35(2)

…aimed on the assets, expenditure on which has already been accounted as application of income. The ld. AR of the assessee thus relied upon the said amendment and the judgment in the case of Supreme Court in the case of CIT Vs. Rajasthan & Gujarati Foundation 402 ITR 441(SC) and Jansava Trust Vs. ITO (Exemption) in ITA No. 320/Bang/2023 where in the claim of the deprecation is allowed. Rambagh Golf Club vs. ITO Exemption 8. The ld DR is heard who relied on the findings of the lower authorities and more particularly advanced the similar contentions as stated in the order of the ld. CIT(A) and that of the asses…

Rambagh Golf Club, Jaipur vs. ITO Exemptions, Jaipur

In the result the appeal of the assessee in ITA No

ITA 442/JPR/2023[2012- 13]Status: DisposedITAT Jaipur09 Nov 2023

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Sh. P. C. Parwal (FCA)For Respondent: Smt. Monisha Chaudhary (Addl. CIT)
Section 143(2)Section 143(3)Section 32Section 35Section 35(2)

…aimed on the assets, expenditure on which has already been accounted as application of income. The ld. AR of the assessee thus relied upon the said amendment and the judgment in the case of Supreme Court in the case of CIT Vs. Rajasthan & Gujarati Foundation 402 ITR 441(SC) and Jansava Trust Vs. ITO (Exemption) in ITA No. 320/Bang/2023 where in the claim of the deprecation is allowed. Rambagh Golf Club vs. ITO Exemption 8. The ld DR is heard who relied on the findings of the lower authorities and more particularly advanced the similar contentions as stated in the order of the ld. CIT(A) and that of the asses…

Rambagh Golf Club, Jaipur vs. ITO Exemption, Jaipur

In the result the appeal of the assessee in ITA No

ITA 441/JPR/2023[2011- 12]Status: DisposedITAT Jaipur09 Nov 2023

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Sh. P. C. Parwal (FCA)For Respondent: Smt. Monisha Chaudhary (Addl. CIT)
Section 143(2)Section 143(3)Section 32Section 35Section 35(2)

…aimed on the assets, expenditure on which has already been accounted as application of income. The ld. AR of the assessee thus relied upon the said amendment and the judgment in the case of Supreme Court in the case of CIT Vs. Rajasthan & Gujarati Foundation 402 ITR 441(SC) and Jansava Trust Vs. ITO (Exemption) in ITA No. 320/Bang/2023 where in the claim of the deprecation is allowed. Rambagh Golf Club vs. ITO Exemption 8. The ld DR is heard who relied on the findings of the lower authorities and more particularly advanced the similar contentions as stated in the order of the ld. CIT(A) and that of the asses…

Rambagh Golf Club, Jaipur vs. ITO Exemption, Jaipur

In the result the appeal of the assessee in ITA No

ITA 440/JPR/2023[2006- 07]Status: DisposedITAT Jaipur09 Nov 2023

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Sh. P. C. Parwal (FCA)For Respondent: Smt. Monisha Chaudhary (Addl. CIT)
Section 143(2)Section 143(3)Section 32Section 35Section 35(2)

…aimed on the assets, expenditure on which has already been accounted as application of income. The ld. AR of the assessee thus relied upon the said amendment and the judgment in the case of Supreme Court in the case of CIT Vs. Rajasthan & Gujarati Foundation 402 ITR 441(SC) and Jansava Trust Vs. ITO (Exemption) in ITA No. 320/Bang/2023 where in the claim of the deprecation is allowed. Rambagh Golf Club vs. ITO Exemption 8. The ld DR is heard who relied on the findings of the lower authorities and more particularly advanced the similar contentions as stated in the order of the ld. CIT(A) and that of the asses…

ACIT.Circle-1, Ranchi vs. Mohini Devi Charitable Trust, Varanasi

In the result, the appeal of the Revenue is dismissed

ITA 360/RAN/2018[2013-14]Status: DisposedITAT Ranchi18 Oct 2023AY 2013-14

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

Section 11(1)Section 12A

…. However, this year is prior to the amendment made in section 11(1) of the Income Tax Act. The ld. CIT(Appeals) has rightly followed the decision of the Hon’ble Supreme Court in the case of Rajasthan & Gujarati Charitable Foundation Poona, reported in (2018) 300 CTR 1 (SC)/ 89 taxmann.com 127. After considering the reasoned finding of the ld. CIT(Appeals), we do not find any error in it. 2 Assessment Year: 2013-2014 Mohini Devi Charitable Trust 4. In the result, the appeal of the Revenue is dismissed. Order pronounced in the open Court on 18.10.2023. (Rajesh Kumar) Vice-President Kolkata, the 18th day of Oct…

M/S. Ksrtc Passengers Accident Relief Fund Trust, Bangalore vs. Income Tax Officer (Exemptions), Ward-1, Bengaluru

In the result, appeals filed by the assessee for both the years under consideration stands allowed

ITA 374/BANG/2023[2014-15]Status: DisposedITAT Bangalore28 Aug 2023AY 2014-15

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Respondent: Shri Joseph Varghese
Section 11

…ure has been claimed by the assessee as application in the earlier year. The Ld.CIT(A) relied on the decision of Hon’ble Supreme Court in case of CIT vs. Page 5 of 18 ITA Nos. 373 & 374/Bang/2023 Rajasthan and Gujarati Charitable Foundation Poona reported in 402 ITR 441. 6. The Ld.CIT(A) further noted on this issue that the depreciation is available to be claimed by assessee only till 31st of March, 2015, as a consequent to the introduction of sub clause (6) to section 11 that came into effect from 01.04.2015. In respect of the other issues, being disallowance of provision of audit fee, addition in respect of th…

M/S. Ksrtc Passengers Accident Relief Fund Trust, Bangalore vs. Income Tax Officer (Exemptions), Ward-1, Bengaluru

In the result, appeals filed by the assessee for both the years under consideration stands allowed

ITA 373/BANG/2023[2013-14]Status: DisposedITAT Bangalore28 Aug 2023AY 2013-14

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Respondent: Shri Joseph Varghese
Section 11

…ure has been claimed by the assessee as application in the earlier year. The Ld.CIT(A) relied on the decision of Hon’ble Supreme Court in case of CIT vs. Page 5 of 18 ITA Nos. 373 & 374/Bang/2023 Rajasthan and Gujarati Charitable Foundation Poona reported in 402 ITR 441. 6. The Ld.CIT(A) further noted on this issue that the depreciation is available to be claimed by assessee only till 31st of March, 2015, as a consequent to the introduction of sub clause (6) to section 11 that came into effect from 01.04.2015. In respect of the other issues, being disallowance of provision of audit fee, addition in respect of th…

Infoparks Kerala, Cochin vs. The ACIT, Cochin

In the result, the assessee’s appeals are partly allowed

ITA 77/COCH/2015[2011-12]Status: DisposedITAT Cochin11 Aug 2023AY 2011-12

Bench: Shri Sanjay Arora, Am & Shri Aby T. Varkey, Jm

For Appellant: Sri. Rajakannan, AdvocateFor Respondent: Smt. J.M. Jamuna Devi, Sr.AR
Section 11Section 11(1)Section 12ASection 143(3)Section 2(15)

…ployment of funds on their acquisition. The same, though a part of the statute w.e.f. AY 2015-2016 [s.11(6)] inasmuch as it amounts to a double relief, stands disapproved by the Hon'ble Apex Court in CIT v. Rajasthan and Gujarathi Charitable Foundation [2018] 402 ITR 441 (SC), so that no disallowance thereof would obtain for years prior to AY 2015-2016. 4. We have heard the parties, and perused the material on record. 4.1 Taking the first issue, the Revenue’s understanding of the amended s. 2(15) stands endorsed by the Apex Court in Ahmedabad Urban Development Authority 3 ITA Nos.75-77/Coch/2015 (AYs. 2009-10 to…

Infoparks Kerala, Trivandrum vs. The Jt Director of It (OSD) Exem), Cochin

In the result, the assessee’s appeals are partly allowed

ITA 76/COCH/2015[2010-11]Status: DisposedITAT Cochin11 Aug 2023AY 2010-11

Bench: Shri Sanjay Arora, Am & Shri Aby T. Varkey, Jm

For Appellant: Sri. Rajakannan, AdvocateFor Respondent: Smt. J.M. Jamuna Devi, Sr.AR
Section 11Section 11(1)Section 12ASection 143(3)Section 2(15)

…ployment of funds on their acquisition. The same, though a part of the statute w.e.f. AY 2015-2016 [s.11(6)] inasmuch as it amounts to a double relief, stands disapproved by the Hon'ble Apex Court in CIT v. Rajasthan and Gujarathi Charitable Foundation [2018] 402 ITR 441 (SC), so that no disallowance thereof would obtain for years prior to AY 2015-2016. 4. We have heard the parties, and perused the material on record. 4.1 Taking the first issue, the Revenue’s understanding of the amended s. 2(15) stands endorsed by the Apex Court in Ahmedabad Urban Development Authority 3 ITA Nos.75-77/Coch/2015 (AYs. 2009-10 to…

Infoparks Kerala, Trivandrum vs. The Jt Director of It (OSD) Exem), Cochin

In the result, the assessee’s appeals are partly allowed

ITA 75/COCH/2015[2009-10]Status: DisposedITAT Cochin11 Aug 2023AY 2009-10

Bench: Shri Sanjay Arora, Am & Shri Aby T. Varkey, Jm

For Appellant: Sri. Rajakannan, AdvocateFor Respondent: Smt. J.M. Jamuna Devi, Sr.AR
Section 11Section 11(1)Section 12ASection 143(3)Section 2(15)

…ployment of funds on their acquisition. The same, though a part of the statute w.e.f. AY 2015-2016 [s.11(6)] inasmuch as it amounts to a double relief, stands disapproved by the Hon'ble Apex Court in CIT v. Rajasthan and Gujarathi Charitable Foundation [2018] 402 ITR 441 (SC), so that no disallowance thereof would obtain for years prior to AY 2015-2016. 4. We have heard the parties, and perused the material on record. 4.1 Taking the first issue, the Revenue’s understanding of the amended s. 2(15) stands endorsed by the Apex Court in Ahmedabad Urban Development Authority 3 ITA Nos.75-77/Coch/2015 (AYs. 2009-10 to…

Maheshwari Pragati Mandal, Mumbai vs. Commissioner of Income Tax (Appeals) Income Tax Department, Mumbai

In the result, appeal filed by the assessee allowed

ITA 3225/MUM/2022[2014-15]Status: DisposedITAT Mumbai02 May 2023AY 2014-15

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blemaheshwari Pragati Mandal V. Commissioner Of Income Tax (Appeals) National Faceless Appeal Centre 2Nd Floor Maheshwari Bhavan Delhi Girgaon Road, Kalbadevi Mumbai-400002 Pan: Aaatm0226G (Appellant) (Respondent)

Section 11Section 12ASection 143(2)

…llants submit that, on the facts and in the circumstances of its case, the addition as made by the Assessing Officer is legally incorrect as has been held by the Hon'ble Supreme Court in this regard in the case of Rajasthan and Gujarati Charitable Foundation (402 ITR 441) and therefore the same requires to the deleted. 2. Without prejudice to the ground of appeal no.1, it is submitted that, the CIT(Appeals) erred in disregarding the decision of the Hon'ble Supreme Court in the case of Rajasthan and Gujarati Charitable Foundation (402 ITR 441) relied upto by the appellants before him and erroneously upholding the…

ACIT (E), Circle- 2(1), New Delhi vs. Nav Nirman Sewa Samiti, Delhi

ITA 6282/DEL/2017[2014-15]Status: DisposedITAT Delhi07 Feb 2023AY 2014-15

Bench: Sh. Shamim Yahya & Sh. Anubhav Sharmaita No. 6282/Del/2017, A.Y. 2014-15 Acit(E), Vs. Nav Nirman Sewa Samiti, Circle-2(1), B N-9, Shalimar Bagh New Delhi (East), Delhi-110088 Pan : Aaaan6370R Appellant Respondent

Section 11Section 12ASection 143(3)

…and dismissed vide ITA No. 2620 and 2621/Del/2015 order dated 27.04.2018 and for assessment year 2012-13 vide ITA no. 645/Del/2017 order dated 11.05.2021. Hon’ble Supreme Court of India in CIT vs. Rajasthan and Gujarati Charitable Foundation, Pune reported in 402 ITR 441(SC) has settled the issue in Civil Appeal No. 7186 of 2014 vide order dated 13.12.2017 and specifically observing and taking into cognizance the fact that amendment brought in Section 11(6) of the Act vide Finance Act, no. 2 / 2014 is prospective in nature, from assessment year 2015-1,6 while the present year under consideration is A.Y. 2014-15.…

DCIT (E), New Delhi vs. M/S Spiritual Regeneration Movement Foundation of India, New Delhi

ITA 5737/DEL/2016[2011-12]Status: DisposedITAT Delhi02 Jan 2023AY 2011-12

Bench: Sh. N. K. Billaiya & Sh. Kul Bharatassessment Year: 2011-12

Section 11Section 12Section 12ASection 50C

…This issue is no more resintegra as the impugned quarrel has been settled in favour of the assessee and against the revenue by the decisions of the Hon’ble Supreme Court in the case of Escort Limited 199 ITR 43 and Rajasthan and Gujarat Charitable Foundation 402 ITR 441. We find that while deleting the addition the CIT(A) at para-4 of his order has followed the decision of the Hon’ble Supreme court, therefore, we do not find any error or infirmity in the findings of the CIT(A). Ground No.1 is accordingly dismissed. 7. The quarrel in ground No.2 relates the sale of land below the registered value of land may not…

Jaigopal Garodia Vivekananda Vidyalaya Trust, Chennai vs. DDIT (Exemptions) III, Chennai

In the result, appeals filed by the assessee for the AYs 2010-11 to

ITA 1353/CHNY/2019[2013-14]Status: DisposedITAT Chennai02 Dec 2022AY 2013-14

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita Nos.1350-1353/Chny/2019 िनधा"रण वष" /Assessment Years: 2010-11 To 2013-14 M/S.Jaigopal Garodia Vivekananda- V. The Dy. Director Of Income- Vidyalaya Trust, Tax (Exemptions)-Iii, U-6, Seventh Street, Anna Nagar, Chennai. Chennai-600 040. [Pan: Aaatj 0208 R] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mr.S.Sridhar, Adv. &For Respondent: Mr.P.Sajit Kumar, JCIT
Section 1Section 11(2)Section 11(6)

…, on the other hand, submitted that no doubt, the issue of depreciation on fixed assets is no longer a dispute now, because of the decision of the Hon’ble Supreme Court in the case of CIT v. Rajasthan & Gujarati Charitable Foundation Poona reported in [2018] 402 ITR 441 (SC). Therefore, the claim made by the assessee towards current year depreciation for the AY 2010-11 may be decided in accordance with said judgment. However, in so far as the claim of the assessee towards depreciation pertains to earlier AYs 2001-02 to 2009-10, when the assessee has consciously not claimed depreciation in the return of inco…

Jaigopal Garodia Vivekananda Vidyalaya Trust, Chennai vs. DDIT (Exemptions) III, Chennai

In the result, appeals filed by the assessee for the AYs 2010-11 to

ITA 1352/CHNY/2019[2012-13]Status: DisposedITAT Chennai02 Dec 2022AY 2012-13

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita Nos.1350-1353/Chny/2019 िनधा"रण वष" /Assessment Years: 2010-11 To 2013-14 M/S.Jaigopal Garodia Vivekananda- V. The Dy. Director Of Income- Vidyalaya Trust, Tax (Exemptions)-Iii, U-6, Seventh Street, Anna Nagar, Chennai. Chennai-600 040. [Pan: Aaatj 0208 R] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mr.S.Sridhar, Adv. &For Respondent: Mr.P.Sajit Kumar, JCIT
Section 1Section 11(2)Section 11(6)

…, on the other hand, submitted that no doubt, the issue of depreciation on fixed assets is no longer a dispute now, because of the decision of the Hon’ble Supreme Court in the case of CIT v. Rajasthan & Gujarati Charitable Foundation Poona reported in [2018] 402 ITR 441 (SC). Therefore, the claim made by the assessee towards current year depreciation for the AY 2010-11 may be decided in accordance with said judgment. However, in so far as the claim of the assessee towards depreciation pertains to earlier AYs 2001-02 to 2009-10, when the assessee has consciously not claimed depreciation in the return of inco…

Jaigopal Garodia Vivekananda Vidyalaya Trust, Chennai vs. DDIT (Exemptions) III, Chennai

In the result, appeals filed by the assessee for the AYs 2010-11 to

ITA 1351/CHNY/2019[2011-12]Status: DisposedITAT Chennai02 Dec 2022AY 2011-12

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita Nos.1350-1353/Chny/2019 िनधा"रण वष" /Assessment Years: 2010-11 To 2013-14 M/S.Jaigopal Garodia Vivekananda- V. The Dy. Director Of Income- Vidyalaya Trust, Tax (Exemptions)-Iii, U-6, Seventh Street, Anna Nagar, Chennai. Chennai-600 040. [Pan: Aaatj 0208 R] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mr.S.Sridhar, Adv. &For Respondent: Mr.P.Sajit Kumar, JCIT
Section 1Section 11(2)Section 11(6)

…, on the other hand, submitted that no doubt, the issue of depreciation on fixed assets is no longer a dispute now, because of the decision of the Hon’ble Supreme Court in the case of CIT v. Rajasthan & Gujarati Charitable Foundation Poona reported in [2018] 402 ITR 441 (SC). Therefore, the claim made by the assessee towards current year depreciation for the AY 2010-11 may be decided in accordance with said judgment. However, in so far as the claim of the assessee towards depreciation pertains to earlier AYs 2001-02 to 2009-10, when the assessee has consciously not claimed depreciation in the return of inco…