Income Tax Appellate Tribunal - Pune
Deputy Commissioner Of Income-Tax, ... vs M/S. Ashoka Dhankuni Kharagpur Tollway ... on 5 February, 2019
IN THE INCOME TAX APPELLATE TRIBUNAL
PUNE BENCH "A", PUNE
BEFORE SHRI R.S. SYAL, VICE PRESIDENT
AND SHRI VIKAS AWASTHY, JUDICIAL MEMBER
आयकर अपील सं. / ITA No.156/PUN/17
िनधा रण वष / Assessment Year : 2013-14
ITO, Ward-1(1), M/s. Ashoka Highways (Durg)
Nashik Vs. Limited,
S.No.861, Ashoka House,
Ashoka Marg, Wadala,
Nashik - 422 011
PAN : AAGCA2214H
आयकर अपील सं. / ITA No.157/PUN/17
िनधारण वष / Assessment Year : 2013-14
ITO, Ward-1(1), M/s. Ashoka Highways
Nashik Vs. (Bhandara) Limited,
S.No.861, Ashoka House,
Ashoka Marg, Wadala,
Nashik - 422 011
PAN : AAGCA2213A
(Appellant) (Respondent)
Appellant by Shri S.B. Prasad
Respondent by None (written submissions)
Date of hearing 04-02-2019
Date of pronouncement 05-02-2019
आदेश / ORDER
PER BENCH :
These appeals by the Revenue arise out of two separate orders, both dated 18-11-2016, in respect of two different but 2 ITA Nos. 156 & 157/PUN/207 M/s. Ashoka Highways (Durg) Limited M/s. Ashoka Highways (Bhandara) Limited connected assessees for the assessment year 2013-14. Since common issue is raised in these appeals, we are, therefore, proceeding to dispose them off by this consolidated order for the sake of convenience.
2. The only issue in these appeals is against granting of depreciation on the asset 'Right to Collect Toll'.
3. Briefly stated, the facts of the case, are that the assessee, namely, M/s. Ashoka Highways (Durg) Limited claimed depreciation of Rs.138.53 crore @ 25% on the asset termed as 'License to Collect Toll', being an intangible asset amounting to Rs.554.12 crore. The Assessing Officer held the assessee to be disentitled to such depreciation. He took note of the Tribunal order passed in the case of M/s. Ashoka Bridgeways, Nashik for the A.Y. 2007-08 and M/s. Ashoka DSC Katni Bypass, Nashik for the A.Y. 2008-09 in which similar issue was decided by the Tribunal in assessee's favour. He, however, did not follow the same on the premise that it was sub judice before the Hon'ble Bombay High Court. The ld. CIT(A) granted the benefit of depreciation by relying on certain Tribunal orders in the case of assessee's sister concern, 3 ITA Nos. 156 & 157/PUN/207 M/s. Ashoka Highways (Durg) Limited M/s. Ashoka Highways (Bhandara) Limited against which the Revenue has come up in appeal before the Tribunal.
4. The facts of the other assessee namely, M/s. Ashoka Highways (Bhandara) Limited are mutatis mutandis similar except for the fact that the claim of depreciation of Rs.82,45,42,988/- was made, which was denied by the AO, but allowed by the ld. CIT(A).
5. Before us, there is no appearance from the side of the Respondent-assessee. However, hearing the ld. DR, considering the written submissions and the factual matrix of the case, we proceed to adjudicate the appeals on the basis of material available on record.
6. It is observed that the ld. CIT(A) allowed the benefit of depreciation @25% on the intangible asset designated by the assessee as "Right to Collect Toll" by relying on certain Tribunal orders passed in the case of assessee's sister concern. It is further observed that similar view has been taken by the Special Bench of the Tribunal in ACIT Vs. Progressive Construction Limited (2018) 92 taxmann.com 104 (Hyderabad-Tribunal (SB). The ld. DR, except for relying on 4 ITA Nos. 156 & 157/PUN/207 M/s. Ashoka Highways (Durg) Limited M/s. Ashoka Highways (Bhandara) Limited the order of the AO, could not place any material on record to demonstrate that the order passed by the Tribunal in the case of the assessee's sister concern has been reversed or modified by the Hon'ble Bombay High Court in any manner. Respectfully following the precedent, we uphold the impugned orders.
7. In the result, both the appeals are dismissed.
Order pronounced in the Open Court on 05th February, 2019.
Sd/- Sd/- (VIKAS AWASTHY) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT
पुणे Pune; दनांक Dated : 05th February, 2019 सतीश आदेश क ितिलिप अ िे षत/Copy षत of the Order is forwarded to:
1. अपीलाथ / The Appellant;
2. यथ / The Respondent;
3. आयकर आयु (अपील) / The CIT (Appeals)-1, Nashik
4. The Pr.CIT-1, Nashik
5. िवभागीय ितिनिध, आयकर अपीलीय अिधकरण, पुणे "ए ए" / DR 'A', ITAT, Pune;
6. गाड फाईल / Guard file. // True copy // आदेशानुसार/ ार BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune 5 ITA Nos. 156 & 157/PUN/207 M/s. Ashoka Highways (Durg) Limited M/s. Ashoka Highways (Bhandara) Limited Date
1. Draft dictated on 04-02-2019 Sr.PS
2. Draft placed before author 04-02-2019 Sr.PS
3. Draft proposed & placed JM before the second member
4. Draft discussed/approved JM by Second Member.
5. Approved Draft comes to Sr.PS the Sr.PS/PS
6. Kept for pronouncement on Sr.PS
7. Date of uploading order Sr.PS
8. File sent to the Bench Clerk Sr.PS
9. Date on which file goes to the Head Clerk
10. Date on which file goes to the A.R.
11. Date of dispatch of Order.
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