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2018 (8) TMI 2037 - AT - Income TaxDepreciation @ 25% on the license to collect tool - Stand of the assessee is that “right to collect toll” is as intangible asset and hence, the assessee is entitled to claim depreciation on same as per law - AO instead allowed amortization of development cost of infrastructure over the remaining period of toll concessionaire agreement - HELD THAT:- Commissioner of Income Tax (Appeals) has allowed depreciation on “right to collect toll” by following the order of Tribunal in assessee’s sister concerns. We observe that the Co-ordinate Bench of the Tribunal in assessee’s own case DCIT Vs. Ashoka DSC Katni Bypass Road P. Ltd [2014 (1) TMI 443 - ITAT PUNE] allowed depreciation to the assessee on “right to collect toll” Similar view has been taken by the Co-ordinate Bench [2018 (6) TMI 1759 - ITAT PUNE] in the case of assessee’s sister concerns. The Revenue has not brought on record any material to show any change in the facts in the assessment year under appeal. Under such circumstances we do not find any infirmity in the order of Commissioner of Income Tax (Appeals) in accepting assessee’s claim. Accordingly, the findings of Commissioner of Income Tax (Appeals) are upheld and the appeal of the Revenue is dismissed.
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