2010 (10) TMI 1073 - AT - Income Tax

Summary

Issues involved:
1. Depreciation claimed on a bridge constructed under BOT scheme.
2. Disallowance under S.43B of the Act regarding employees' contribution to Provident Fund.

Depreciation on bridge under BOT scheme:
The Revenue's appeals were against the CIT(A) orders for assessment years 2003-04 to 2006-07 regarding depreciation claimed by the assessee on a bridge constructed under BOT scheme approved by the Government of Andhra Pradesh. The CIT(A) allowed the depreciation based on an agreement with the government and a previous Tribunal decision. The Tribunal found that the issue was settled in favor of the assessee by a previous Tribunal decision and upheld the CIT(A) orders, dismissing the Revenue's appeals.

Disallowance under S.43B - PF Contribution:
For assessment years 2004-05 to 2007-08, the issue was the disallowance made by the Assessing Officer under S.43B regarding employees' contribution to Provident Fund. The CIT(A) deleted the disallowance based on precedents including a decision of the Karnataka High Court. The Tribunal found that the issue of deduction for PF contributions made before the due date for filing the return under S.139(1) was settled in favor of the assessee by previous decisions. Consequently, the Tribunal upheld the CIT(A) orders, dismissing the Revenue's appeals.

In conclusion, the Appellate Tribunal ITAT Hyderabad upheld the CIT(A) orders in both issues, dismissing all four appeals of the Revenue.