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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 32(1)(ii) of the Act. The A.O held that it was not be eligible for claiming Depreciation on the WDV of the intangible assets, and disallowed the appellant's claim for Depreciation of Rs.41,99,22,054. The Assessing Officer in his Order, also made referred to the CBDT's Circular No.09/2014 dated 23/04/2014 and held that