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High Court, in answer to case stated by the Valuation Tribunal concerning the rateable valuation of the national railway network belonging to the State railway company determines: (a) that the Tribunal had not erred in determining that depreciation of the company's tenant's items was an allowable expense in the Receipts and Expenditure (R&E) calculation; (b) that the Tribunal had not erred in determining that a payroll saving of €4.8 million resulting from a 'pay reduction agreement' should not have been included as a reduction in the company's costs in the calculation; and (c) that the Tribunal had not erred in determining that the Commissioner for Valuation was not entitled to have regard to the pay reduction agreement while accepting that the net annual valuation of the property was to be assessed on the company's 2014 accounts.
Valuation of property - rates - s. 39(5) of the Valuation Act, 2001 - case stated to High Court by Valuation Tribunal - depreciation - payroll saving - rateable valuation of national railway network - valuation certificate of November 2015 - net annual value of €8.93 million - process used to value designated public utility undertakings - valuation on Receipts and Expenditure basis (R&E) - depreciation on rolling stock - alleged failure to make appropriate allowances fo rdepreciation of railway company's 'tenant's assets' - whether deduction should have been made in respect of a one-off payroll saving - whether an unduly inflexible approach by commissioner.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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