2012 (2) TMI 706

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....-05 and 2006-07 in I.T.A. Nos. 1692 to 1695/Mds/2010 though it allowed the issue in favour of assessee, this had not become final, since it had preferred an appeal before Hon'ble jurisdictional High Court. 2. When the matter came up before us, learned D.R. submitted that though the Revenue had preferred appeal before Hon'ble jurisdictional High Court, it had not received any decision in favour of it so far. 3. We have perused the orders and heard the rival submissions. As on date, the decision of this Tribunal in assessee's own case for assessment years 2002-03, 2003-04, 2004-05 and 2006-07 in I.T.A. Nos. 1692 to 1695/Mds/2010 would apply since the fact situation remains the same. In para 4 of the said order dated 30.11.2010,....

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.... per para 5.4 and 6 of his order which read as under: "5.4 I have carefully considered the facts of the case and the submissions of the ld. AR. I have also gone through the decisions relied on by the AO and AR. The appellant company has been incorporated to undertake development of infrastructural facilities and has developed a by-pass road and a bridge on NH 47 near Coimbatore. The appellant has entered into a concession agreement with the Government of India and Government of Tamil Nadu to develop the project on Build-Operate-Transfer (BOT) basis. I have perused the concession agreement and the relevant clauses contained therein. I find that the facts of the appellant are similar to the case of Tamil Nadu Road Development Company....

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....t issue pertains to amortization of project cost. As the earlier issue on depreciation has been decided in favour of the appellant, this issue becomes infructuous and does not require adjudication. The ground isaccordingly dismissed for statistical purpose." 5. Aggrieved by the orders of the ld. CIT(A), the Department has come up in appeal and at the very outset, the ld. Counsel for the assessee, while filing copy of the order of the Tribunal 'C' Bench in the case of M/s. Tamil Nadu Road Development Company Ltd in I.T.A. No. 2082/Mds/2008 & 817/Mds/2007 for the assessment year 2003-04 and 04-05 dated 24.10.2008 has pleaded that the ld. CIT(A) has decided the issue in favour of the assessee by following the above noted decision and ....