Adani Ports And Special Economic Zone ... vs The Board Of Trustees Of Jawaharlal ... on 27
National Highway No.4. The project was conceived as a Build,
Operate and Transfer ["BOT" for short] Scheme. In pursuance
thereof, tenders were ... contended that it is no doubt true that in such
BOT project, the land belongs to the Government and it is
handed over
draft Concession Agreement and
project report/feasibility report containing other information
pertaining/relevant to the Project. The award of Project is based
on the lowest ... specifies two Formats
(a) Certificate from the Statutory Auditor regarding BOT
Projects and
(b) Certificate from the Statutory Auditor/Client regarding
construction experience on eligible
MAPEX on 21st November, 2001.
5. The project was awarded on Build, Operate and Transfer (BOT)
basis on annuity approach and the concession was granted ... will be payable to the claimant
if tenable. Further this is BOT project and finances have to be
arranged by the concessionaire from banks
applicant contended that it is a proprietary concern dealing
with infrastructure projects; that 1st respondent is a Company
incorporated under the Companies ... business of civil construction activities, infrastructure facilities,
Engineering, Procurement And Construction projects, BOT projects
on annuity basis from State Governments like Andhra Pradesh,
Madhya Pradesh
magnitude of the problem.
16. The Build Operate and Transfer (BOT) projects are implemented by
the BOT Concessionaires. There are 26 Toll Plazas in operation ... project
stretches implemented under the BOT Scheme. Similarly, there are 17 Toll
Plazas involving 9 project stretches in the State of Tamil Nadu implemented
through
infrastructure developer and
not a works contractor qua its BOT road projects in Madhya Pradesh
(supra). The assessee's fourth substantive ground connected ... Revenue's grievance first that the assessee's BOT road
project cannot be treated as an instance of infrastructure development
rendering profits derived
firm was working as a sub
contractor for a BOT (Build Operate & Transfer) project and not as a direct
contractor for the government ... material has been supplied by the
17
Government for the BOT project also give credence to the profits returned by
the assessee.
16.9 Notwithstanding anything
Rajasthan on 30/03/2001 for
improvement of Jhalawar-Indore Road Project in BOT (Build Operate
and Transfer) basis. The assessee was given right ... work of
improvement of Jhalawar-Indore State Highway on BOT basis. The total
cost of project was nearly Rs.715 lacs for the concessional period
assessee on infrastructure facility for
development of roads/highways under the BOT project may be amortized
evenly over the period of the concessionaire agreement after ... concession period. Therefore, assessee has capitalized the cost incurred on the BOT project
on which it has claimed depreciation. Thus, in our view, the expenditure