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2018 (6) TMI 157 - AT - Income TaxRate of depreciation on intangible asset of licence for running container trains - commercial rights for 20 years - depreciation claim was allowed in original assessment u/s 143(3) but disallowed in the rectification proceedings u/s 154/147/143 (3) - Held that:- Commercial right acquired by assessee by way of this license for earning enduring benefit for a period of 20 years would amount to capital asset - following the decision of Hon’ble Delhi High Court in the case of Areva T&D India Ltd. vs. DCIT [2012 (4) TMI 79 - DELHI HIGH COURT] assessee is eligible for depreciation @ 25% u/s 32(1)(ii) - Decided in favor of assessee.
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