highways on the basis of Built, Operate, Transfer agreement (for
short 'BOT' basis), despite being aware of the fact that the cost
incurred ... towards
depreciation on the cost of the infrastructure facility under the BOT
contract. On the basis of his aforesaid observations the CIT(A) declined
expenditure incurred by the assessee
for construction of road under BOT contract by Govt. of India have given
rise to an intangible asset as defined ... expenditure incurred by the assessee for
construction of road under BOT contract by the
Government of India has given rise to an
intangible asset
expenditure incurred by the assessee for construction of road under BOT contract
by the Government of India has given rise to an intangible asset
expenditure incurred by the assessee for construction of road
under BOT contract by the Government of India has given rise to an
intangible asset
Instrument Proper Stamp Duty
(1) (2)
Art.63. Works Contract: that is to say, a
contract for works and labour or services
involving transfer ... pertains to 'works contract'.
This admittedly is not a BOT contract as clause 5(h)(A)(vi) would
contemplate. Clause 5(B) also
right, license and authority to
Operate and Maintain the road under BOT contract for a
period of 15 years and the same partakes the nature ... expenditure incurred by the assessee for construction of roads
under BOT contract with the Govt. of India, has given rise to an
intangible asset
enduring benefit. On the expiry of time limit of
period of the contract, the right of the assessee will seize to have effect
thereby ... held that expenditure incurred by assessee
for construction of road under BOT contract by Government of India had
given rise to an intangible asset
efficient
discharge of its functions;
(vi) Enter into and perform all such contracts as it may think
nee expedient for performing any of its functions ... charges or period of concession in
respect of models of contract (shortly indicated as
BOT, BOO, CAO, DOT, ROT, ROO in Schedule II)
and other
said contract' for the sake of convenience and
clarity. As mentioned supra, this Court is informed that said contract is on
BOT basis ... Detailed Project Report' ('DPR' for brevity). Post said contract,
claimant realised that the volume of business at Port Trust does not match
that, even the original
Government proposal for a BOT project was converted into an
EPC contract, without the concurrence of the Government,
which enabled ... under BOT
scheme. It included acquisition of land with estimated amount
of Rs.72.6 Crores. It was not envisaged as an EPC contract.
However
