VISAKHAPATNAM PORT AUTHORITY,VISAKHAPATNAM vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1), VISAKHAPATNAM

ITA 236/VIZ/2020Status: DisposedITAT Visakhapatnam27 September 2023AY 2016-17Bench: SHRI DUVVURU RL REDDY, HON’BLE (Judicial Member), SHRI S BALAKRISHNAN, HON’BLE (Accountant Member)102 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the Revenue's appeal regarding depreciation on Railway Permanent Way, treating it as plant and machinery. It also dismissed the ground related to donations and contributions, aligning with the CIT(A)'s decision.

What were the facts?

The Visakhapatnam Port Authority appealed against the Commissioner's order under Section 263. The core issue involved the disallowance of depreciation on 'Railway Permanent Way' and donations/contributions claimed as business expenditure.

What were the issues?

Whether 'Railway Permanent Way' should be treated as plant and machinery for depreciation, and if donations and contributions are allowable as business expenditure.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3),Section 43B,Section 10(20),Section 11,Section 12AA

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Cases cited in this judgment(17)Show list

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Heard together (4 matters)

I.T.A. No.25/Viz/2014
I.T.A. No.26/Viz/2014
I.T.A. No.396/Viz/2014
C.O. No. 26/Viz/2022

Read from the judgment's own cause title. This page is filed under one of them.

आयकरअपील"यअ"धकरण, "वशाखापटणमपीठ, "वशाखापटणम IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM "ीदु"वू"आरएलरे"डी, "या"यकसद"यएवं"ीएसबालाकृ"णन, लेखासद"यकेसम" BEFORE SHRI DUVVURU RL REDDY, HON’BLE JUDICIAL MEMBER & SHRI S BALAKRISHNAN, HON’BLE ACCOUNTANT MEMBER आयकरअपीलसं./ I.T.A. No.25/Viz/2014 ("नधा"रणवष"/ Assessment Year :2010-11) (Formerly known as M/s. Range-1, Visakhapatnam Port Trust) Visakhapatnam. Visakhapatnam. PAN: AAALV0035C (अपीलाथ"/ Appellant) (""यथ"/ Respondent)

आयकरअपीलसं./ I.T.A. No.26/Viz/2014 ("नधा"रणवष"/ Assessment Year :2011-12) Visakhapatnam Port Authority, Vs. Asst. Commissioner of (Formerly known as M/s. Income Tax, Circle-1(1), Visakhapatnam Port Trust) Visakhapatnam. Visakhapatnam. PAN: AAALV0035C (अपीलाथ"/ Appellant) (""यथ"/ Respondent) आयकरअपीलसं./ I.T.A. No.396/Viz/2014 ("नधा"रणवष"/ Assessment Year :2010-11) (Formerly known as M/s. Circle-1(1), Visakhapatnam Port Trust) Visakhapatnam. Visakhapatnam. PAN: AAALV0035C

2 (अपीलाथ"/ Appellant) (""यथ"/ Respondent)

C.O. No. 26/Viz/2022 (In आयकरअपीलसं./ I.T.A. No.396/Viz/2014 ("नधा"रणवष"/ Assessment Yea

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