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TMI Blog2020 (4) TMI 212X X X X Extracts X X X X X X X X Extracts X X X X ..... in assessee s own case [ 2012 (5) TMI 260 - DELHI HIGH COURT] and Hon ble High Court approved the reliance on previous ruling in respect of rolling stock also. Hon ble Supreme Court in assessee s own case reported in [ 2018 (5) TMI 359 - SUPREME COURT] held that inland container depots or inland ports, subject to provisions of section 80IA of the Act and deduction can be claimed for income earned out of these depots. On this score ground No. 1 of assessee s appeal stands allowed and ground No. 1 of Revenue s appeal stands dismissed. Disallowance on account of depreciation on intangible assets being value of license acquired from the Indian Railways for running the container trains on Indian Railways - HELD THAT:- In assessee s own ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... law on such factual verification of the details to be furnished by the assessee. Disallowance of depreciation on the assets retired from the active use - HELD THAT:- This issue is also squarely covered by the decisions in earlier assessment years. In CIT vs. Yamaha motor India Private Limited [ 2009 (8) TMI 27 - DELHI HIGH COURT] held that actual user of the machinery is not required with respect to discarded machinery and the condition which was eligible for depreciation is that the machinery being used for the purpose of the business would mean that the discarded missionary is used for the purpose of the business in the earlier years for which depreciation was allowed. Relying upon such observations of the Hon ble High Court in ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e on 23/9/2011 declaring taxable income of ₹ 4,88,15,71,824/-after availing deduction under section 80IA of the Income Tax Act, 1961 (for short the Act ) in the computation of income. Learned Assessing Officer, however, computed the income of the assessee at a ₹ 987,29,09,951/-after disallowing the deduction under section 80IA of the Act in respect of inland port and the rail system, depreciation on assets retired from active use, on assets not registered, on land and also on registration fees. 3. Aggrieved by such action of the learned Assessing Officer, assessee preferred appeal before the Ld. CIT(A). Ld. CIT(A) by way of impugned order allowed the appeal in part while granting relief to the assessee in respect of the dedu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s own case reported in (2018) 404 ITR 397 (SC) held that inland container depots or inland ports, subject to provisions of section 80IA of the Act and deduction can be claimed for income earned out of these depots. On this score ground No. 1 of assessee s appeal stands allowed and ground No. 1 of Revenue s appeal stands dismissed. 6. Ground No. 2 of assessee s appeal is in respect of the disallowance to the tune of ₹ 95,06,934/-on account of depreciation on intangible assets being value of license acquired from the Indian Railways for running the container trains on Indian Railways. In ITA No. 77 and 186 /Del/ 2015 in assessee s own case, a coordinate Bench of this Tribunal in the light of the decision of the coordinate Bench in I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... while following the earlier decision for the assessment years 2008-09 and 2009-10 of this Tribunal, held that there is change in the factual matrix of the case on this aspect and thought it fit to set aside this issue to the file of the learned Assessing Officer with a direction to the assessee to furnish all requisite details in respect of the claim of depreciation and directed the Assessing Officer to verify the details to determine the allowability of this claim. 9. It is submitted that the facts and circumstances involved in this matter also are identical to those obtaining for the assessment year 2008-09 and 2009-10 as well as 2010-11 and therefore the issue requires factual verification at the end of the learned Assessing Officer, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 11. Lastly, ground No. 3 of Revenue s appeal is in respect of the disallowance to the tune of ₹ 3,08,178/-of depreciation on the assets which were not registered in the name of the assessee. This issue is also squarely covered by the order dated 31/10/2017 of the Hon ble High Court in ITA No. 917 18/2017 wherein it was held that inasmuch as the assessee has been paying all the amounts to the transferor and obtained possession, and has also been using the same for business purpose, depreciation is allowable as held by the Tribunal. 12. From the assessment order, it could be seen that it was brought to the notice of the learned Assessing Officer that the Ld. CIT(A) decided this issue in favour of the assessee for the assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X
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