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TMI Blog2015 (10) TMI 2742X X X X Extracts X X X X X X X X Extracts X X X X ..... ndation and electrical fittings are closely inter-connected and linked with each other making it a single composite unit. Therefore, on all the components of the windmill, whether it be concrete foundation or electrical fittings / installations, depreciation @ 80% has to be allowed. See COMMISSIONER OF INCOME TAX AHMEDABAD III VERSUS PARRY ENGINEERING AND ELECTRONICS P. LTD. [2014 (12) TMI 752 - GUJARAT HIGH COURT]. Thus we hold that the assessee is eligible to claim depreciation @ 80% on electrical installations as well as civil construction – concrete foundation of the windmill. - decided in favour of assessee. - ITA No. 1347/PN/2014 - - - Dated:- 28-10-2015 - Shri R.K. Panda And Shri Vikas Awasthy, JJ. Assessee by : Shri Ajin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore the Commissioner of Income Tax (Appeals). The CIT(A) affirmed the findings of Assessing Officer and rejected the appeal of the assessee. Now, the assessee is in second appeal before the Tribunal against the findings of Commissioner of Income Tax (Appeals). 4. Shri Ajinkya A. Jagoje appearing on behalf of the assessee submitted that the assessee had installed windmills at Petnikota, Kurnool, Andhra Pradesh and at Jinti, District Satara, Maharashtra. The assessee had claimed depreciation on the total capitalized value of windmills @ 80%. The Assessing Officer bifurcated the different components of windmill and restricted depreciation on the foundation civil work and electrical installation at 10% i.e. ₹ 1,80,000/-. The ld. AR con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cated. The Hon ble High Courts have been consistently holding that windmill civil structure foundation and electrical fittings are closely inter-connected and linked with each other making it a single composite unit. Therefore, on all the components of the windmill, whether it be concrete foundation or electrical fittings / installations, depreciation @ 80% has to be allowed. The Hon ble Gujarat High Court in the case of CIT, Ahmedabad-III Vs. Parry Engineering Electronics (P.) Ltd. (supra) has held as under:- 5. We are of the opinion that the approach of both the authorities is perfectly justified. Windmill would require a scientifically designed machinery in order to harness the wind energy to the maximum potential. Such device has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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