acquired/developed under the Build-Op erate-Transfer
Scheme ("BOT Scheme").
6. That the Ld. PCIT erred in not appreciating that
there ... deferment of
expenditure incurred towards acquisition/development
under the BOT Scheme.
2. The Ld. PR. CIT has set aside the assessment order
dated 31.12.2013 passed
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
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
DMRC. During the year, the appellant
company was developing and running two BOT projects as
under:-
a) New Ashok Nagar, Mayur Vihar, Delhi
b) Botanical ... infrastructural services machinery for DMRC. These
contracts are being executed on BOT (Build Operate and
Transfer) model under the PPP scheme for DMRC. This
right
build the 103.59 Km
road on Built Operate and Transfer Toll (BOT-Toll) basis. Under the
Concession Agreement, the assessee is empowered to collect toll ... sustained the disallowance as under:
"Under the Build-Operate- Transfer (BOT) projects, the
developer (taxpayer), in terms of concessionaire agreement with
Government
against two
separ at e or ders, bot h dated 31/ 03/ 2017 passed by t h e Ld.
Com m ission er of Incom ... circu m st ances, an d th er efor e, bot h t h ese appeals wer e
h ear d t oget
incurred by the assessee on development of the toll road under the
BOT arrangement will have to be amortised fully over the period of concessionaire ... case are that appellant has entered into a concessionaire Build
Own Transfer (BOT) agreement with NHAI on May 19, 2009 to design, build,
finance, operate
depreciation of Rs.
54,80,97,399/- on the Highway Project on BOT basis and instead
allowing amortization cost referring CBDT circular 09/2014 arbitrarily ... Hyderabad section of N.H. no.9, with private sector participation of BOT
invited tender from interested parties. The assessee being successful in the tender
bot ... bot
