2010 (10) TMI 1073

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....s For the Respondent : Shri V.Raghavendra Rao ORDER Per N.R.S.Ganesan, Judicial Member These four appeals of the Revenue are directed against the orders passed by the CIT(A) I, Hyderabad dated 14.8.2009 for the assessment years 2003-04 to 2006-07. As common issues are involved, we have heard these appeals together and we proceed to dispose of the same by this common order for the sake ....

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....5.6.2009 in the case of Nyse Infrastructure P. Ltd. V/s. DCIT for assessment year 2005-06 in ITA No.301 Hyd/2009, held that the assessee is entitled to depreciation on the bridge constructed by it under BOT Scheme, and accordingly directed the Assessing Officer to allow the same for all these years. 4. On careful consideration, we find that the issue of allowability of depreciation on the bridg....

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....the Revenue in these appeals on this issue. 5. The next common issue that arises for consideration only in the appeals for assessment year 2004-05 to 2007-08 is regarding disallowance made by the Assessing Officer under S.43B of the Act with regard to employees' contribution to Provident Fund, which has been deleted by the CIT(A). 6. We have heard Shri Srinivas, the learned Departmental ....

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.... on or before the due date for furnishing the return under S.139(1) of the Act. Following this decision and also the decision of the Tribunal ( Hyderabad Bench 'B ') in the case of Elico Ltd. V/s. ITO(ITA No.90/Hyd/2004)(13 SOT 390), the CIT(A) deleted the disallowance under S.43B made by the Assessing Officer for these years. 7. On careful consideration, we find that the issue of allow....