Dy. CIT v. Gorakhpur Infrastructure Co. Ltd. (2021) 92 ITR 42 (SN) (Mum.)(Trib.)

S. 32 : Depreciation-Intangible asset-Concession agreement with Highways Authority-Engaged in construction and maintenance of by-Pass on build, operate and transfer basis-Eligible for depreciation. [S. 32(1)(ii)]

Held that High way Authority of India under which the Authority had granted exclusive right, licence and authority to the assessee during the subsistence of the concession agreement to implement the project for a period of 20 years. The assessee had incurred cost on construction and development of the highway, and classified such cost incurred and the right to receive annuity on the toll road as an intangible asset eligible for depreciation under section 32(1)(ii) of the Income-tax Act, 1961. (AY.2013-14 to 2015-16)