JHARKHAND ROAD PROJECTS IMPLEMENTATION CO. LTD,RANCHI vs. DCIT CENT. CIRCLE-1, RANCHI

ITA 92/RAN/2019Status: DisposedITAT Ranchi07 April 2025AY 2014-15Bench: SHRI GEORGE MATHAN (Judicial Member), SHRI RATNESH NANDAN SAHAY (Accountant Member)1 pages
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What did the Tribunal hold?

The Tribunal noted that for subsequent Assessment Years (2015-16 onwards), the revenue accepted the claim for depreciation at 10% by treating the 'Project Road' as a building. Relying on a Supreme Court decision, the Tribunal held that the assessee is entitled to depreciation at 10%.

What were the facts?

The assessee, engaged in constructing roads under Build, Own, and Transfer (BOT) agreements, claimed depreciation on 'Project Road' as plant and machinery. The Assessing Officer disallowed this, treating the cost as amortizable over the concession period, and the CIT(A) upheld this decision.

What were the issues?

Whether the assessee is entitled to claim depreciation on the 'Project Road' as plant and machinery or building, and at what rate.

Which sections of the Income-tax Act were involved?

32(1)(i) of the Act, 32(1)(ii) of the Act, Section 32 of the Act

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Income Tax Appellate Tribunal, RANCHI BENCH, RANCHI

Before: SHRI GEORGE MATHAN & SHRI RATNESH NANDAN SAHAY

For Appellant: Shri Bhupal Rupalli, A.R
For Respondent: Shri Sanjay Kumar, CIT-DR
Hearing: 11/03/2025Pronounced: 11/03/2025

PER: BENCH

1.

These appeals by the assessee are directed against the two separate orders of the learned Commissioner of Income Tax (Appeals), Ranchi [in short, the ld. CIT(A)] both dated 12/12/2018 for the Assessment Year (AY) 2013-14 and 2014-15 respectively. These appeals of the assessee are having common facts and grounds, therefore, with the consent of parties, both these appeals are clubbed and heard together and being decided by this consolidated order. For appreciation of facts, we take ITA No. 92/Ran/2019 for A.Y. 2014-15 as a lead case. In this appeal, the assessee has raised fol

The order continues below.

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