dated 25.08.2008, developed the
Airport Metro Express Project under Build-Operate-Transfer (BOT)
scheme. The assessee had been granted commercial right/concession to
operate ... concessionaire
cannot claim depreciation on the assets developed by it under BOT
3 ITA No.4102 & 4103/Del/2019
scheme since the infrastructure developed
dated 25.08.2008, developed the
Airport Metro Express Project under Build-Operate-Transfer (BOT)
scheme. The assessee had been granted commercial right/concession to
operate ... concessionaire
cannot claim depreciation on the assets developed by it under BOT
3 ITA No.4102 & 4103/Del/2019
scheme since the infrastructure developed
service (road) during the concession period in respect of Build-
Operate-Transfer (BOT) project under taken by the Company. Toll
collection rights are capitalized ... clarified
that the expenditure incurred for development of roads/highways in BOT
agreements needs to be amortized and claimed as allowable business
expenditure under
State of Jharkhand on a Build, Operate and Transfer
("BOT") basis. The assessee constructed the Expressway toll road as per the
agreement with ... held that since the assessee is constructing a road on BOT basis on the
government land, it is not the "owner
State of Jharkhand on a Build, Operate and Transfer
("BOT") basis. The assessee constructed the Expressway toll road as per the
agreement with ... held that since the assessee is constructing a road on BOT basis on the
government land, it is not the "owner
right. The
assessee further explained that right under built, operate and transfer (BOT)
projects have been considered to be an 'intangible asset ... various decisions of different assessee's who are
engaged in BOT of Highways and submitted that depreciation claimed by
assessee is allowable
construction,
maintenance and toll road collections on build
operate and transfer(BOT) basis.The assessee has
filed the return of income ... maintaining
the roads on the basis of build, operate and
transfer(BOT) basis and the A.Y 2012-13 is the first
year were
allied activities.
5. During the course of assessment, AO disallowed depreciation on
BOT Rights of Nagpur-Kondhali Section Road ... financial
year 2008-09 and 2009-10 from cost of BOT project for computing
deferred revenue expenditure.
6. By the impugned order CIT(A) declined
maintenance of the highway project in Maharashtra on Build,
Operate and Transfer (BOT) basis. In the case of the assessee, a
search and seizure action ... appeal, the assessee
claimed depreciation treating the road constructed on BOT basis
as asset and claimed depreciation @ 10% on the cost of
construction on road
operate 7th Berth at Tuticorin
Port on Build, Operate and Transfer (BOT) Scheme. In
response to the invitation made by the Tuticorin Port Trust ... licence in favour of
the assessee company and entered into a BOT Agreement on
15-7-1998. Thereafter, the assessee company proceeded to
develop
