2013 (5) TMI 118 - AT - Income Tax

Depreciation on Rail Over Bridge - whether CIT (A) erred in Deleting the disallowance of depreciation although the legal ownership of the said assets was on the assessee company - Held that - Held that - Tribunal in the assessee s own case on the identical set of facts upheld the order of the Ld. CIT (A) in favour of the assessee though Rail Over Bridge is not in the name of the assessee but assessee has physical possession and right to collect the toll on the said bridge as relying on Mysore Minerals Ltd. vs. CIT 1999 (9) TMI 1 - SUPREME Court . - Decided in favor of assessee. Prior Period Expenses - rebate on Toll Income - CIT (A) deleted the disallowance - Held that - CIT(A) has followed the Order of the Tribunal in assessee s own case thus no interference is called for. Appeal of revenue dismissed.

Summary

Issues:
1. Disallowance of depreciation on Rail Over Bridge
2. Disallowance of Prior Period Expenses (Rebate on Toll Income)

Analysis:

Issue 1: Disallowance of depreciation on Rail Over Bridge
The revenue challenged the order of the Ld. CIT (A) regarding the disallowance of depreciation on the Rail Over Bridge for the A.Y. 2006-07. The Tribunal noted that the legal ownership of the bridge was not in the name of the assessee company, even though the company had physical possession and the right to collect tolls. The Tribunal referred to a previous decision in the assessee's own case for A.Y. 2002-03, where a similar issue was decided in favor of the assessee. Citing the decision of the Hon'ble Supreme Court in the case of Mysore Minerals Ltd. vs. CIT, the Tribunal upheld the Ld. CIT (A)'s order in favor of the assessee. The Tribunal dismissed ground no.1 based on the precedent set in the assessee's own case and the affirmation of the decision by the jurisdictional High Court.

Issue 2: Disallowance of Prior Period Expenses (Rebate on Toll Income)
The second issue pertained to the disallowance of Prior Period Expenses, specifically the rebate on Toll Income, for the A.Y. 2006-07. The A.O. noted that the assessee had added Rs. 2231.55 lakhs on account of prior period expenditure, including Rs. 76.55 lakhs for rebate on toll income. The A.O. disallowed the rebate based on the accrual principle as the assessee followed the mercantile system of accounting. The Ld. CIT (A) directed the deletion of the disallowance, following the Tribunal's order in the assessee's own case for A.Y. 2002-03. The Tribunal, in line with the Ld. CIT (A)'s decision, dismissed ground no.2, stating that no interference was warranted. Consequently, the revenue's appeal was dismissed.

In conclusion, the Tribunal upheld the decisions of the Ld. CIT (A) in both issues, based on previous rulings and legal principles, ultimately dismissing the revenue's appeal.