ORDER SHEET ITA No. 647 of 2004 IN HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE JYOTIRMAI CLUB Appellant Versus DIRECTOR OF INCOME TAX (EXEMPTIONS) 1 Respondent BEFORE: Hon'ble JUSTICE SOUMITRA PAL Hon'ble JUSTICE ARINDAM SINHA Date : 10th November, 2014. For Appellant : Mr. C. S. Das, Advocate For Respondent : Mr. Nijamudding, Advocate Court : This appeal under section 260A of Income Tax Act, 1961 has been filed by Appellant/Assessee against order dated 22nd April, 2004 passed by Income Tax Appellate Tribunal, E Bench, Kolkata in Income Tax Appeal bearing ITA No. 419 (Cal)a 2002 for Assessment Year 1998-1999 on following questions : (a) Whether Tribunal was justified in law in holding that appellant was not entitled to depreciation in respect of its assets used for charitable purposes or that depreciation was admissible only under section 32 in computing business income? 2 (b) Whether Tribunal was justified in law in not following judgment of Hon ble Karnataka High Court in CIT Vs. Society of Sisters of St. Anne (1984) 146 ITR 28 and in holding that same was neither good law nor binding? By consent of parties we treat this matter as on day s list for purpose of admission and hearing of Income Tax Appeal on first question. We find that issue raised by first question is covered by unreported judgment dated 13th February, 2014 of our Court passed in ITAT No. 172 of2013/GA No. 3199 of 2013, Commissioner of Income Tax, Siliguri Vs. Siliguri Regulated Market Committee. We in respectfully following judgment answer question in negative and in favour of assessee. appeal is thus disposed of. (SOUMITRA PAL, J.) (ARINDAM SINHA, J.) msen Jyotirmai Club v. Director of Income-tax (Exemptions) - 1