Itxa/2295/2010 Of The Commissioner Of Income Tax -3 Mumbai v. Dahej Harbour And Infrastructure Ltd

sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.2251 OF 2010 WITHINCOME TAX APPEAL NO.2268 OF 2010 WITHINCOME TAX APPEAL NO.2274 OF 2010 WITHINCOME TAX APPEAL NO.2275 OF 2010 WITH INCOME TAX APPEAL NO.2295 OF 2010 ALONG WITH CROSS OBJECTION (LOD) NO.3 OF 2010WITHCROSS OBJECTION (LOD) NO.4 OF 2011WITHCROSS OBJECTION (LOD) NO.5 OF 2011WITHCROSS OBJECTION (LOD) NO.3 OF 2011WITH CROSS OBJECTION (LOD) NO.2 OF 2011 The Commissioner of Income Tax-3 ..Appellant. V/s. M/s. Dahej Harbour& Infrastructure Ltd. ..Respondent. Mr. Suresh Kumar for the appellant in all appeals. Mr. Pankaj Toprani for the respondent in all appeals. CORAM : J.P. DEVADHAR AND SMT. R.P.SONDURBALDOTA JJ. DATED : 16TH JUNE, 2011 P.C. :- 1.In all these appeals, the questions raised by the revenue is whether depreciation is allowable in respect of the jetty taken by the assessee under a licence from the Gujarat Maritime Board ? 2. The Tribunal following its decision in the case of Reliance Ports & Terminals Ltd. held that the assessee is entitled to depreciation on the right to use (licence) on captive jetty under section 32(1) (ii) of the Income Tax Act, 1961. Admittedly, the decision of the Tribunal in the case of Reliance Ports & Terminals Ltd. has been accepted by the revenue. No case is made out for taking a contrary view. In this view of the matter, all the appeals are dismissed with no order as to costs. 3.Counsel for the assessee does not press the cross objections filed by the assessee. Accordingly, the cross objections are also disposed off as not pressed. (SMT. R.P.SONDURBALDOTA, J.) (J.P. DEVADHAR, J.)