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ITAT denied depreciation claim for highway infrastructure. The tribunal held that the assessee was merely a licensee without ownership rights over the immovable assets, which belonged to NHAI. Per section 32 of Income Tax Act, depreciation requires asset ownership, either wholly or partially. The construction, erected with licensor's permission under section 52 of Indian Easements Act, 1882, did not confer ownership status. Referencing precedent in North Karnataka Expressway Ltd., the tribunal emphasized that National Highway ownership remains vested with the Union, irrespective of private sector involvement in development and maintenance. Consequently, the assessee's appeal was dismissed, affirming that the definition of "owner" cannot override special legislative provisions governing national highway ownership.
ITAT denied depreciation claim for highway infrastructure. The tribunal held that the assessee was merely a licensee without ownership rights over the immovable assets, which belonged to NHAI. Per section 32 of Income Tax Act, depreciation requires asset ownership, either wholly or partially. The construction, erected with licensor's permission under section 52 of Indian Easements Act, 1882, did not confer ownership status. Referencing precedent in North Karnataka Expressway Ltd., the tribunal emphasized that National Highway ownership remains vested with the Union, irrespective of private sector involvement in development and maintenance. Consequently, the assessee's appeal was dismissed, affirming that the definition of "owner" cannot override special legislative provisions governing national highway ownership.
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