Depreciation allowable on BOT Assets despite Assessee not being the owner

We have considered the rival submissions of the parties and perused the relevant material available on record. It is undisputed fact that the department allowed the similar amortization of BOT Project expenditure in the earlier assessment year under scrutiny assessment under section 143(3) of the Act. There is no dispute about the quantum of expenditure incurred by the assessee. It is the case of the assessee that the expenditure incurred on BOT Project is allowable as amortization and not as depreciation whereas it is the case of the department that neither the amortization nor the depreciati...