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2019 (11) TMI 1041 - AT - Income TaxDisallowance of claim u/s 80IA on ICDs/CFS which are Inland ports - HELD THAT:- Issue is covered in favour of the assessee in assessee’s own case by the decision of the Hon’ble Supreme Court [2018 (5) TMI 359 - SUPREME COURT] Disallowance being the claim of deduction on account of advance lease rent paid for the land taken on long terms lease for business purposes on pro rata basis - similar claim had been allowed in earlier years - HELD THAT:- It is pertinent to note here that the Revenue has allowed this claim of deduction on account of advance lease rent paid for the land taken on long term lease for business purposes on pro rata basis in the earlier assessment years i.e. 2009-10 and 2007-08 where the tribunal has remanded back the matter on this issue. AR also requested to remand back this issue for verification by the Assessing Officer. From the perusal of the Assessment Order, it can be seen that the Assessing Officer has followed the principle of consistency in respect of earlier years assessment orders which now stands allowed in favour of assessee as per the directions of the Tribunal for A.Y. 2009-10 and 2007- 08. Therefore, it will be appropriate to remand back this issue to the file of the Assessing Officer for proper adjudication Disallowance of deduction u/s 80IA on Rail System (Rolling Stock) - HELD THAT:- CIT(A) has correctly noted that the issue in respect of disallowance of the claim of deduction u/s 80IA of the Act on rail system (rolling stock) is decided in favour of the assessee by the Tribunal in A.Y. 2003-04, 2004-05 and 2005-06 which is now confirmed by the Hon’ble Apex Court [2018 (7) TMI 1244 - SC ORDER] . The facts are identical in the present assessment year as well and no distinguishing facts were pointed out by the Ld. DR. Therefore, Ground No. 1 of Revenue’s appeal is dismissed. Disallowance of depreciation on the assets retired from active use - HELD THAT:- It is pertinent to note that the Tribunal for A.Y. 2010- 11 has followed the order for A.Y. 2008-09 which is approved by the Hon’ble Delhi High Court [2017 (10) TMI 1324 - DELHI HIGH COURT] confirmed by [2018 (7) TMI 640 - SC ORDER] Depreciation on assets not registered in assessee's name - AO disallowed the claim on the ground that the depreciation is allowable on assets owned by the assessee and as the assessee did not own the building, the depreciation was not allowable - HELD THAT:- It is pertinent to note that the issue is already decided in favour of the assessee in earlier Assessment years by the Revenue authorities. The CIT(A) rightly allowed the claim as there is no distinguishing facts in the present assessment year. Therefore, Ground No. 3 of the Revenue’s appeal is dismissed.
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