2014 (4) TMI 180

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... inly used in cement, metal, chemical and power plants. In its ROI for A.Y. 2009-10, the assessee has disclosed total income of Rs. 2,13,37,980/-. During the year the assessee-company had installed one Suzlon 0.600 MW Wind Turbine Generator at village Fetwal, Jaisalmer in Rajasthan and has claimed depreciation on total investment in the Wind Mill at the rate of 80%. The A.O. has not allowed claimed depreciation on charge of Power, Civil Work for foundation and electrical supply and electrical line work, and has thus, made an additions of Rs. 25,15,190/- by disallowing or reducing the depreciation claimed. 3. As against the above, ld. CIT(A) has deleted the entire addition by allowing depreciation on the above items at the rate of 80%. The r .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... tances of the case in their true perspective and has rightly considered the issue in favour of assessee and accordingly deleted the disallowance made by the A.O. on this account. There are neither new material evidences available on records nor any latest decisions on the issue pronounced which is against the holding by CIT (Appeals). Hence we request your goodself to please dismiss the ground of appeal of the department in this respect in the interest of equity and justice. Against the ground no. 2 i.e. deletion of disallowance of depreciation of Rs. 10,63,8147- claimed on civil work of foundation and other. We have to submit that the Ld. CIT (Appeal), Udaipur has discussed the issue in detail at page no. 14 and 15 of his order and has ap .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... sition of law, the deletion made by the CIT (Appeal) against each additions are legal and as per facts and are in line to the ratio of judgments placed before him in the course of appeal proceedings. Hence we request your goodself to please dismiss the appeal in the interest of equity and justice." 5. As against the above, ld. D.R. could not being before us any contrary decision. Rather we have found that all the above items are part and parcel of the Wind Mil ls, as discussed in the decisions relief on by ld. AR in his Written Submission. We have no reason to deviate from the decision taken by ld. CIT(A). Accordingly, we confirm the impugned deletion and cannot allow the appeal of the revenue. 6. In the result, this appeal of the revenue .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X