intangible
assets. Observing, that the cost of any infrastructure facility undertaken on
BOT basis, specially a highway toll way project, de hors vesting of ownership ... same with the assessee i.e BOT operator would not qualify as an
intangible asset, the A.O, was of the view that the assessee
construction
and maintenance of toll roads on build, operate and transfer (BOT) basis, had filed its return of
income ... view that the cost of any infrastructure facility undertaken on BOT basis, especially a
highway project, would not qualify as an intangible asset. Accordingly
Respondent No. 1
arising out of a tripartite Build, Operate and Transfer („BOT‟) Agreement
dated 19th September, 1996 between the Government of India ... Ahmedabad-Mumbai
section of NH-8 on BOT basis in place of the then existing two-lane
Railway level crossing No. 13-A, between
which arose out of a tripartite
Build, Operate and Transfer (hereafter "BOT") Agreement dated 19.09.1996
between the Government of India ... Ahmedabad-Mumbai section of NH-8 on BOT basis in place of the then
FAO (OS) 162/2017 Page 1 of 12
existing two-lane
Highway
awarded by NHAI on Build, Operate and Transfer basis (in short
BOT), filed its return of income ... assessee company claimed
depreciation of Rs.18,16,15,643/- on BOT projects @ 5% (at half
the rate as being put to use for less
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
NHAI would be on the basis of Build, Operate, Trade (BOT) mode
which enumerated that the project being in BOT mode, all investment
assessee
constructed and maintained the toll road on Build, Operate and
Transfer (BOT) basis."
1.2 "On the facts and in the circumstances ... year 2026. The assessee is entitled to build,
operate and transfer (BOT) annuity basis under the
agreement. Thus, the assessee has license/ commercial right.
This
M/S Siddi Enterprises vs State Of Karnataka on 22 August, 2017
Author: Vineet Kothari
MUKUL MUDGAL, J.
1. The present petition challenges the letter No. NHAI/BOT/11012/66/2005/3940
dated 26th August, 2008 issued by the respondent ... through private participation on BOT basis and as such issued the RFQ in
December 2007 for selection of the preferred bidder/sponsor. By issuing
