2019 (4) TMI 1238

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..... fulfills the requirement stipulated in Section 80 IA(4) of the Income Tax Act, 1961 once the conclusion reached is that it is contractor and not developer as stated in the sub section? (b) Whether, in the facts and circumstances of the case the Income Tax Appellate Tribunal was right in holding that even if the Assessee is termed as contractor he had developed, operated and maintained infrastr .....

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..... windmill. Case of Commissioner of Income Tax Vs. Herdilla Chemicals Ltd. [ 1983 (6) TMI 1 - BOMBAY HIGH COURT] followed in allowing the claim of the assessee. In our opinion, the finding recorded by the Tribunal that RCC foundation forms integral part of the windmill is a finding of fact and no question of law arises from the same - INCOME TAX APPEAL NO. 1608 OF 2016 WITH 1610 OF 2016 - - - Da .....

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..... ng of sub section? 2. Registry is directed to communicate a copy of this order to the Tribunal. This would enable the Tribunal to keep the papers and proceedings relating to the present appeals available, to be produced when sought for by the Court. 3. Mr. Naniwadekar, learned Counsel appearing for the respondent waives service. 4. To be heard along with Income Tax Appeal Nos. 183 and 184 .....

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..... ating the fact that electrical items are not part of electricity generating apparatus but are part of electricity selling apparatus and these constitute the block 'Plant and Machinery' on which depreciation is allowable @15%? 6. Question nos. (i), (ii) and (iii) relate to the Revenue's objection to the assessee claiming higher rate of depreciation on the civil construction, electric .....

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..... owed the decision of this Court in the case of Commissioner of Income Tax Vs. Herdilla Chemicals Ltd. reported in (1995) 216 I.T.R. 742 (Bom) in allowing the claim of the assessee. In our opinion, the finding recorded by the Tribunal that RCC foundation forms integral part of the windmill is a finding of fact and no question of law arises from the same. Hence the appeal is dismissed with no order .....

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