2011 (2) TMI 1457 - AT - Income Tax

Summary

Issues involved:
The judgment involves issues related to depreciation rates on expenses for windmill components, civil works, and other expenses incurred for a Wind Mill project.

Depreciation on Windmill Components:
The revenue appealed against the allowance of depreciation at 80% instead of 15% on expenses related to windmill components. The CIT (A) allowed depreciation at 100% based on precedents, leading to the revenue's appeal to the Tribunal. The Tribunal upheld the CIT (A)'s decision, citing lack of contrary evidence or modifications to the cited precedents.

Depreciation on Civil Works:
The assessee claimed higher depreciation on civil works for the Wind Mill project. The Assessing Officer and CIT (A) denied the claim, stating that civil works were not integral to the Wind Mill. The Tribunal, referencing legal precedents, allowed higher depreciation for the foundation of the Wind Mill but not for other allied civil works.

Disallowance of Expenses:
The assessee's cross objections included challenges to the disallowance of expenses related to civil works and other costs. The Tribunal remitted the matter back to the Assessing Officer for reconsideration, emphasizing the need to classify expenses as capital or revenue based on their relation to the Wind Mill project.

Way Expenses and Repairs Disallowance:
The Assessing Officer disallowed way expenses and repairs and maintenance costs. The Tribunal partially allowed the assessee's appeal, reducing the disallowances to specific amounts, providing relief to the assessee.

In conclusion, the Tribunal dismissed the revenue's appeal, partly allowed the assessee's cross objections for statistical purposes, and provided specific directions for reconsideration of certain expense-related matters by the Assessing Officer.