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INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH)
Manish Agarwal, AM, Yogesh Kumar U.S, JM
Indus Towers Ltd. – Appellant
Versus
Revenue – Respondent
| Table of Content |
|---|
| 1. overview of case background and key facts. (Para 2 , 3) |
| 2. arguments raised by the assessee regarding depreciation claims. (Para 5 , 6 , 7) |
| 3. contentions presented by the revenue against the assessee's claims. (Para 8 , 9) |
| 4. observations of the court on previous cases impacting this one. (Para 12 , 13 , 14) |
| 5. final ruling and conclusion of the tribunal. (Para 72) |
ORDER
PER MANISH AGARWAL, AM :
These are cross-appeals filed by the assessee and the Revenue against the order of Ld.CIT(A), Delhi-31 in Appeal No.1136/22-23 dated 07.08.2023 arising out of assessment order dated 08.05.2019 passed u/s 143(3) of the Income Tax Act, 1961 (“the Act”) for AY 2011-12.
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2. Brief facts of the case are that the assessee is a company earlier known as “Indus Infratel Ltd.” and its name was changed to “Indus Towers Ltd.” on 28.03.2008. The assessee is formed as a joint venture amongst Bharti Infratel, Vodafone Essar Ltd. and Aditya Birla Telecom Ltd. with main object of sharing telecom infrastructure amongst various telecom service providers and carry out the business of establishing, operating, maintaining and managing wireless communication towers/antenna sites. The detailed facts
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