TaxTMI 
TaxTMI 
2018 (3) TMI 1912
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....see has filed Cross-Objections against the appeals filed by the Revenue relating to assessment years 2005-06 to 2010-11. 2. The appeals filed by Revenue and the Cross-Objections filed by the assessee were heard together and are being disposed of by this consolidated order for the sake of convenience. However, in order to adjudicate, we are referring to the facts and issue in ITA No.60/PUN/2016 and C.O.No.114/PUN/2017. 3. The Revenue in ITA No.60/PUN/2016 has raised the following grounds of appeal : "1. On the facts and circumstances of the case and in law the ld. CIT(A) has erred in deleting in allowing the depreciation at 25% on 'Licence to collect toll'. 2. On the facts and circumstances of the case and in law the ....
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....ice, none appeared on behalf of the assessee nor any application has filed for adjournment. However, the issue arising in the present appeal is squarely covered by the series of the decisions of the Tribunal and also the case of the assessee itself. Hence, we proceed to dispose of the present bunch of appeals and CrossObjections after hearing the Ld.D.R. for the Revenue. 6. Briefly in the facts of the case, the assessee had originally filed the return of income declaring nil. The assessee was engaged in infrastructure development and maintenance of toll stations. The holding company M/s. Ashoka Buildcon was awarded the construction of Dewas By-pass starting from k.m 159/4 of Bhopal- Ujjain Road (SH-18) and joining km 577/6 of Agra Bombay....
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....he notification was May, 2004 to May 2015, i.e. for the period of 136 months. The Assessing Officer in the original assessment had denied the claim of depreciation on the right to collect toll holding the same not to be an intangible asset. However, the Commissioner of Income Tax (Appeals) reversed the order of Assessing Officer. 7. Search and seizure action under Section 132 of the Act was carried out in the Ashoka Group of cases on 20.04.2010. During the course of search, incriminating documents pertaining to the assessee company were seized from the searched premises of M/s. Ashoka Buildcon Ltd. The proceedings were initiated against the assessee under Section 153C of the Act. In response to notice issued by the Assessing Officer....
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....he same, directed the Assessing Officer to allow the depreciation @ 25% as claimed by the assessee and also directed the Assessing Officer to withdraw the reduction allowed on amortization of costs for assessment year 2005-06. 9. The Revenue is in appeal against the order of Commissioner of Income Tax (Appeals). On perusal of the records, we find that the assessment in the present case was completed under Section 153C of the Act r.w.s. 143(3) of the Act. Though, the assessee did not put in an appearance before the Tribunal, however, the assessee has filed the Paper Book which is available on record. The issue which is raised in the appeal of Revenue is against the claim of depreciation on the right to collect toll, being an intangible as....
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.... 54 to 93 of the Paper Book filed by the assessee. Accordingly, we dismiss the grounds of the appeal of Revenue. 11. Before parting, we may also refer to the order of Assessing Officer passed under Section 143(3) r.w.s 153C of the Act where he has raised an issue of disallowance of depreciation as right to collect toll which was already adjudicated in the 143(3) proceedings against the assessee. Once the issue had already been decided then on similar ground, the Assessing Officer is precluded from again disallowing claim of the assessee in the order passed under Section 143(3) r.w.s 153C of the Act. 12. The facts and issues raised in ITA Nos.61/PUN/2016 to 66/PUN/2016 are identical to the facts and issues raised in ITA No.60/PUN/2016 ....