TMI Blog2011 (7) TMI 96X X X X Extracts X X X X X X X X Extracts X X X X ..... ment or the block assessment - in the case of Assistant Commissioner of Income Tax Vs. Kences Foundation (P) Ltd [2004 (10) TMI 19 - HIGH COURT, MADRAS], this Court had already considered the issue and accepted the case in favour of the assessee the issue regarding the commission of windmill on 30.9.1995 is disclosed in the books of accounts and calls for depreciation under the regular assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that having regard to the fact that the first question regarding the fixing the date of the commissioning of the windmill is not admitted and that the income disclosed in the regular books of accounts had to be considered for a regular assessment and not under the special procedure relating to the surcharge cases, the assessee was granted 100% depreciation. 3. In the light of the fact that secon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lnadu Electricity Board, that the windmill was commissioned on 30.9.1995. Following the earlier order in the case of Assistant Commissioner of Income Tax Vs. Kences Foundation (P) Ltd [2006 (203) CTR (Mad) 249], wherein a similar relief was granted to the assessee, the present appeal of the assessee was allowed. 5. The learned counsel for the assessee pointed out that in the case of Assistant Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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