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TMI Blog2011 (2) TMI 1438X X X X Extracts X X X X X X X X Extracts X X X X ..... RDER G. C. Gupta (Vice President) This appeal by the Revenue for the assessment year 2007-08 is directed against the order of the Commissioner of Income-tax(Appeals). 2. Grounds of appeal of the Revenue are as under- "1. On the facts and circumstances of the case, whether the assessee is the owner of the road bridge constructed for and on behalf of National High Ways Authority of India. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9 dated 5.6.2009, wherein the issue of depreciation on road bridge was decided in favour of the assessee. He submitted that facts of the case in the year under consideration before the Tribunal are identical with the facts of the case of the assessee in earlier assessment year 2006- 07. 4. We have considered the rival submissions. We find that the issue involved in the grounds of appeal of the Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase for the assessment year 2006-07, decide the issue involved in the grounds of appeal of the Revenue in favour of the assessee and hold that the assessee is entitled for depreciation on the road bridge constructed by the assessee on behalf of National Highways Authority of India. Accordingly, order of the CIT(A) is confirmed and the grounds of appeal of the Revenue are rejected. 5. In the resul ..... X X X X Extracts X X X X X X X X Extracts X X X X
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