JALANDHAR AMRITSAR TOLLWAYS LTD.,NEW DELHI vs. DCIT, CIRCLE- 13(1), NEW DELHI

ITA 3927/DEL/2017Status: DisposedITAT Delhi27 March 2026AY 2012-1312 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal held that the right to collect toll is an intangible asset eligible for depreciation at 25%. The provision for resurfacing expenses was not allowed as it was not a certain liability. Penalty under Section 271(1)(c) was deleted as disallowance of a claim does not automatically attract penalty.

What were the facts?

The assessee claimed depreciation at 25% on the right to collect toll, which the AO restricted to 10%. The assessee also claimed a provision for resurfacing expenses, which was disallowed by the AO and CIT(A). The appeals involved quantum and penalty issues for assessment years 2011-12 and 2012-13.

What were the issues?

Whether depreciation on the right to collect toll is allowable at 25% as an intangible asset and whether a provision for future resurfacing expenses is deductible.

Which sections of the Income-tax Act were involved?

Section 43(1),Section 143(3),Section 271(1)(c),Section 80IA,Section 139(1),Section 234A,Section 234B,Section 234C,Section 234D

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Income Tax Appellate Tribunal, DELHI BENCH “F”: NEW DELHI

Before: SHRI SATBEER SINGH GODARA & SHRI M. BALAGANESH

For Respondent: Ms. Monika Singh, CIT-DR
Hearing: 11/03/2026Pronounced: 27/03/2026

PER M. BALAGANESH, A. M.:

1.

The appeal in ITA Nos. ITA No.2921 & 3926/Del/2017 filed by the assessee and ITA Nos.4214 & 3927/Del/2017 filed by the revenue, arises out of the order of the ld ld. Commissioner of Income Tax (Appeals)-5, New Delhi [hereinafter referred to as ‘ld. CIT(A)’, in short] dated 13.04.2017 for AY 2012-13 and 01.03.2016 for AY 2011-12 against the order of assessment passed u/s 143(3)

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