SECOND VIVEKANANDA BRIDGE TOLLYWAYCO.PVT. LTD.,KOLKATA vs. DCIT, CIR-2(2), KOLKATA, KOLKATA
Appeal is partly allowed accordingly
ITA 19/KOL/2017[2012-13]Status: DisposedITAT Kolkata11 Jul 2018AY 2012-13
Bench: Shri S.S.Godara & Shri, M. Balaganeshassessment Year :2012-13 Second Vivekananda V/S. Dcit, Circle-2(2), Bridge Tollway Co. Pvt. Aayakar Bhawan, P-7, Ltd., Block Gp, Sector-V, Chowringhee Square, Salt Lake Electronics Kolkata-69 Complex, Kolkata-91 [Pan No.Aahcs 8573 Q] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri S. Rudra, Advocate अपीलाथ" क" ओर से/By Appellant Shri G. Hangshing, Cit-Dr ""यथ" क" ओर से/By Respondent 21-06-2018 सुनवाई क" तार"ख/Date Of Hearing 11-07-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Assessee’S Appeal For Assessment Year 2012-13 Calls Into Question The Commissioner Of Income Tax (Appeals)-1, Kolkata’S Order Dated 04.11.2016 Passed In Case No.1221/Cit(A)-1/C-2(2)/2015-16 Upholding Assessing Officer’S Action Disallowing Its Depreciation Claimed Of ₹41,99,22,054 In Respect Of Licence To Collect The Toll Revenue Of The Second Vivekananda Bridge (Treated As The Relevant Intangible Asset) & Disallowing Leave Encashment Provision Of ₹1,84,562/- U/S 43B(F) In Assessment Order Dated 11.05.2015, Involving Proceeding U/S 143(3) Of The Income Tax Act, 1961; In Short As ‘The Act’. 2. We Come To Former Issue Of Depreciation Disallowance In Respect Of Assessee’S Licence To Collect Toll Charges On The Second Vivekananda Bridge.
Section 143(3)Section 32(1)(ii)Section 43B
…econdly, it was argued that the A.O erred by not following the principle of consistency, there being no change in facts as compared to these Assmt.Years. For this proposition, reliance was placed on the following decisions: Radhasoamy Satsang v. CIT [(1991) . 193 ITR 221(SC)]; and CIT v. Lagan Kala Upvan [(2003) 259 ITR 489 (Del)] .Thirdly, it was averred that CBDT Circular dated 23/04/2014, relied upon by the A.O could only be considered effective prospectively and not in relation to any earlier Assessment year, wherein the appellant had acquired a vested right for claim of depreciation on intangible assets in t…
