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depreciation on BOT project

DepreciationSection 32Section 321 judgments

DEPUTY COMMSSIONER OF INCOME TAX (CENTRAL CIRCLE) -3(3), MUMBAI, MUMBAI vs. M/S. WELSPUN ENTERPRISES LIMITED, MUMBAI

In the result, the appeal is dismissed

ITA 1823/MUM/2025[2015-16]Status: DisposedITAT Mumbai06 Mar 2026AY 2015-16

Bench: Shri Saktijit Dey & Shri Arun Khodpiady. Cit (Central Circle)-3(3) M/S. Welspun Enterprises Limited 4Th Floor, Welspun House, Room No. 404, Kautilya Bhavan, Bkc, Mumbai-400 051 Senapati Bapat Marg, Lower Parel, Vs. Delisle Road, S.O., Mumbai-400 013 Pan/Gir No. Aabcm 4107 C (Appellant) : (Respondent) Appellant By : Shri Harsh Kapadia & Shri Ajay Nagpal Respondent By : Shri Arun Kanti Datta – Cit Dr Date Of Hearing : 28.01.2026 Date Of Pronouncement : 06.03.2026 O R D E R Per Saktijit Dey: Captioned Appeal By The Department, Arises Out Of Order Dated 17.01.2025 Of Learned Commissioner Of Income Tax (Appeals), Mumbai, Pertaining To A.Y. 2015-16. 2. In Ground No. 1, The Department Has Challenged The Deletion Of Addition Of Rs.23,47,354/-, Being Addition Made By The Assessing Officer (A.O. For Short) On Account Of Alleged Non-Genuine Expenses.

For Appellant: Shri Harsh Kapadia &For Respondent: Shri Arun Kanti Datta – CIT DR
Section 115JSection 132Section 153ASection 37(1)

disallowance of Rs.5,13,47,789/- u/s. 36(1)(iii) of the Act and disallowance of depreciation on BOT projects amounting to Rs.83,78,549/-. The aforesaid statutory disallowances were made by the A.O. while completing the assessment u/s. 153A r.w.s. 143(3) of the Act. 10. Before ld. First