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TMI Blog2015 (10) TMI 1447X X X X Extracts X X X X X X X X Extracts X X X X ..... the expenditure is allowable as claimed by the assessee. We find that the judgment of the hon'ble Allahabad High Court in the case of CIT v. Renu Sagar Power Co. Ltd. [2007 (9) TMI 183 - ALLAHABAD HIGH COURT] also supports the contentions of the learned authorised representative. Needless to say that if it is case of replacing a new windmill in the place of old windmill, the expenditure would certainly be capital in nature. The file is remitted back to the Assessing Officer with a direction to decide the issue afresh after verifying the factual aspect. The Assessing Officer while deciding the issue de novo shall grant an opportunity of hearing to the assessee, in accordance with law.- Decided in favour of assessee for statistical purpose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Officer. Now, the assessee has come in the second appeal against the findings of the Commissioner of Income-tax (Appeals). 3. Shri. S. Chandrasekaran, appearing on behalf of the assessee, submitted that the learned Commissioner of Income-tax (Appeals) erred in coming to the conclusion that the assessee had replaced existing windmill with the new windmill. One of the windmill installed by the assessee suffered huge damage caused by natural calamities. The assessee has only replaced the rotor blades and part of the stem of windmill. It is not the case where the entire windmill has been replaced with the new one. The learned authorised representative to support his submission placed reliance on the decision of the hon'ble Supreme Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of Income-tax (Appeals), the assessee has made following submissions. In your appellant's HTSC No. 2 there were two windmills each of 250 KW capacity. The 500KW windmills used to generate power for supply to the grid. In the above HTSC one No. 250 KW wind turbine (TCL2) was totally damaged due to natural calamity. Hence a similar capacity windmill was purchased and installed in the place of the totally damaged windmill. It is not clear from the records before us whether the assessee has replaced only damaged parts of the existing windmill or has replaced entire old windmill with the new one. These facts have to be ascertained from books, purchase order, job sheet, etc. In case, the assessee has replaced only da ..... X X X X Extracts X X X X X X X X Extracts X X X X
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