2011 (11) TMI 725 - AT - Income Tax

Summary

Issues Involved:
The judgment involves issues related to depreciation allowance on foundation and civil works for a windmill, as well as the levy of interest under sections 234D and 244A of the Income Tax Act.

Depreciation Allowance on Foundation and Civil Works:
The appellant challenged the decision of the ld.CIT(A) regarding the depreciation allowance on the foundation and civil works for a windmill. The ITAT Jodhpur Bench and ITAT Jaipur Bench rulings were considered. The ITAT Jodhpur Bench held that the foundation of a windmill qualifies for higher depreciation, citing precedents where foundation work for machinery was treated as part of the machinery. The Jaipur bench also ruled in favor of allowing depreciation on the construction of a room specially designed for the windmill. Ultimately, the judgment allowed depreciation on the windmill's foundation and the construction of the room, while other civil works were subject to normal depreciation rates.

Levy of Interest under Sections 234D and 244A:
The third ground of appeal pertained to the levy of interest under section 234D and the withdrawal of interest under section 244A of the Income Tax Act. The appellant contested the ld.CIT(A)'s decision on this matter. The judgment noted that the charging of interest is mandatory and consequential in nature. Consequently, the appeal of the assessee was partly allowed in this regard.

In conclusion, the judgment addressed the issues of depreciation allowance on specific components of a windmill and the levy of interest under relevant sections of the Income Tax Act. The decision provided clarity on the eligibility for higher depreciation on the windmill's foundation and specially designed constructions, while also affirming the mandatory nature of interest charges as per the law.