M/S Karnataka Emta Coal Mines Limited, Bangalore vs. The Assistant Commissioner of Income Tax Circle-4(1)(1), Bangalore
In the result, assessee’s appeals are partly allowed for statistical purposes
ITA 2139/BANG/2018[2014-15]Status: DisposedITAT Bangalore14 Nov 2022AY 2014-15
Bench: Shri Chandra Poojari & Smt. Beena Pillai
For Appellant: Smt. Sheetal Borkar, A.RFor Respondent: Shri Gudimella V.P. Pavan Kumar &
Section 32(1)(ii)Section 35ESection 37
…nstant land is not owned by the assessee and hence crucial test of ownership u/s 32 has not bene met Long term lease does not in itself entitle depreciation on land which is in the ownership/possession of State Government Relies on CIT vs O P Monga (1986) 162 ITR 224 (Bom); ACIT vs Malayala Manorama Co. Ltd. [(2010) 4 ITR(T) 513 (Cochin)]; and Drilbits International Pvt. Ltd. vs DCIT Nasik [TS 822 ITAT 2011 (Pune)] which are also distinguishable to the facts of assessee’s case since they are lease of land simpliciter where as in present case it is mining lease. 6.13 Hence, Ld. A.R. submitted that claim of th…