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TMI Blog2016 (7) TMI 708X X X X Extracts X X X X X X X X Extracts X X X X ..... of a wind mill where depreciation on power generation was claimed. It was found that main business of the assessee was not of producing or generating electricity and thus, the Madras High Court decided the issue in favour of the assessee and against the revenue. The issue having been confirmed by the Apex Court on dismissal of appeal, we are unable to take a different view as has been taken by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dmissible on a room constructed along with cost of erection installation of electrical items covered under Plant Machinery for a wind mill. Learned counsel for the appellant submits that controversy raised in the present case is pending consideration before this Court in other cases also. The Tribunal, however, allowed the appeal in reference to other judgments, which includes, the judgme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nged before the Apex Court and the appeal therein has already been dismissed confirming the order of Madras High Court. The controversy therein was about admissibility of the depreciation. The Apex Court upheld the judgment of Madras High Court, thus issue aforesaid no more survives. When the electrical items as well as construction is attached to the wind mill then depreciation would be at the ra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the case of Hi Tech Arai Ltd. (supra) so as the order passed by the Tribunal at Delhi. The observations are however that department has not accepted the verdict of the High Court, though the judgment of Madras High Court in the case of Hi Tech Arai Ltd. (supra) has been affirmed by the Apex Court. In view of the above, learned counsel for revenue could not contest the issue in regard to the adm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tric generator are taken to be a part of wind mill, rate as is applicable for the depreciation for wind mill would apply to the present case also. In the background aforesaid, we do not find that even a dispute can be raised regarding rate of depreciation admissible to the assessee. In our opinion, the Tribunal has rightly allowed the appeal. Finding no illegality therein, we are unable to caus ..... X X X X Extracts X X X X X X X X Extracts X X X X
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