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2013 (12) TMI 1451 - AT - Income TaxRevision u/s 263 - Date of completion of wind mill erection whether September 30, 2007 or September 1, 2007 - Claim of depreciation - Held that:- When the assessee erected the windmill and generated wind power, it cannot be said that it is impossible for the assessee to generate electricity. In this case, the assessee has generated the power from the windmill and the same was sold to the TNEB and the sale proceeds are being offered for taxation. Therefore, under these facts and circumstances of the case, it cannot be said that assessee has not erected the windmill on or before September 30, 2007. - All the details in respect of the erection of the windmill submitted before the Assessing Officer including the certificate issued by the S.E., Udumalpet Elecy. Distn. Circle, Udumalpet. The certificate issued by the S.E. was not challenged by the Department. Therefore, in our view, it is not a fit case to invoke section 263 of the Act - Tribunal directed the Assessing Officer to allow depreciation based on the certificate issued by the State Electricity Board. The hon'ble High Court upheld the order of the Tribunal on the ground that when the Department has not questioned the certificate issued by the State Electricity Board, the Tribunal was justified in directing the Assessing Officer to allow the depreciation. Keeping in view of the above facts, we find that the order passed by the learned Commissioner of Income-tax is not sustainable. Therefore, we set aside the order of the learned Commissioner of Income- tax - Decided in favour of assessee.
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