India Ltd. for
construction of the project. On completion of the BOT project on 20 th
September 2004, the assessee started its commercial operation ... which
revealed that the assessee has not developed the infrastructure facility
(BOT Project) for which it has claimed deduction under section 80IA
humbly submitted that the rights if any in the BOT
project of the assessee cannot be divorced from the highway
being a tangible asset ... Project. According to the
agreements entered into the assessee had to incur the
expenditure and develop the project i.e., construction of the
projects
claimed deduction in
respect of its profits arising out of the BOT project with the
Tuticorin Port Trust. The claim was under section 80IA ... BOT project developed
and operated by the assessee at Tuticorin Port and the
assessee company is the owner of the project and that project
after claiming
depreciation on the BOT project constructed by it. Originally, assessment was
completed under section 143(3) of the Act vide order dated ... disallowing assessee's claim of depreciation on the BOT project.
3. Against the re-assessment order passed disallowing claim of depreciation,
assessee filed appeal
appellant.
5.6. The appellant has stated that the work of BOT projects is
handled by only five divisions of the appellant and the remaining ... divisions do not undertake any work relating to BOT projects.
Therefore, payment to and provision for employees of these five
divisions and the head office
source of the
surrendered income as being collections from his BOT
project and thus was nothing but its business income and
the decision ... surrendered income as being from the
normal business collections from the BOT project
undertaken by it of the construction of Kangra Bus Stand
and Mcleodganj
appellant.
5.6. The appellant has stated that the work of BOT projects is handled
by only five divisions of the appellant and the remaining ... divisions do
not undertake any work relating to BOT projects. Therefore, payment
to and provision for employees of these five divisions and the head
office
assessee claimed depreciation of Rs.
17,01,00,116/- on BOT Project @ 25% on the opening ... days. He accordingly, computed the allowable amortization of
BOT project for the FY relevant to AY 2013-14 as under:
Opening
Nagpur (Original Respondent)
v/s
DP Jain Nagda Gogapur
BOT Annuity Project Pvt. Ltd. ................Respondent
U-7, Himalaya Accord Apartment (Original Appellant)
Opp. Law College ... mentioned and thus it cannot be
DP Jain Nagda Gogapur BOT
Annuity Project P. Ltd.
M.A. no.02/Nag./2022
concluded that
Nagpur (Original Respondent)
v/s
DP Jain Nagda Gogapur
BOT Annuity Project Pvt. Ltd. ................Respondent
U-7, Himalaya Accord Apartment (Original Appellant)
Opp. Law College ... mentioned and thus it cannot be
DP Jain Nagda Gogapur BOT
Annuity Project P. Ltd.
M.A. no.02/Nag./2022
concluded that
