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TMI Blog2012 (3) TMI 551X X X X Extracts X X X X X X X X Extracts X X X X ..... rder passed by the Commissioner of Income-tax (Appeals)-V at Chennai on 5.4.2011 and arise out of the assessment completed under sec.143(3) read with section 254 of the Income-tax Act, 1961. 2. The assessee company had installed windmills in the previous year relevant to the assessment year under appeal and claimed depreciation allowance thereon. The assessee explained that the windmill generators were commissioned on 31.3.1995 and, therefore, the assessee is entitled for depreciation for the impugned assessment year 1995-96 on the ground that the generators were commissioned in the relevant previous year itself. Despite the certificate of commissioning issued by Tamil Nadu Electricity Board that the generators were commissioned on 31.3. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Tribunal through its order dated 25.5.2007 set aside the order of the Commissioner of Income-tax(Appeals) and remitted back the issue to the file of the Assessing Officer with a direction to decide the question of depreciation in accordance with law after taking into consideration all the documentary details available on record. 4. Thus, the matter was again brought to the consideration of the assessing authority. The assessing authority completed the remand assessment as required by the Tribunal and finally held that the windmills of the assessee would have been put to use only on 10.6.1995, from which date the assessee started generating electricity and, therefore, depreciation cannot be allowed for the impugned assessment year. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd that the windmills were commissioned on 30.9.1995, as certified by the Electricity Board. The Court, therefore, held that the assessee was entitled for 100% depreciation with respect to the investment in the installation of the windmill. The decision of the Tribunal was upheld. 7. The above decision is squarely applicable to the present case. In the present case also, the certificate dated 22.4.1995 issued by the TNEB is on record stating that the generators were commissioned on 31.3.1995. Therefore, it is beyond any dispute that it has been officially recognized by the competent authority that the commissioning of the generators was completed in the impugned assessment year itself. This is the condition which is to be satisfied to cl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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