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2012 (8) TMI 703 - AT - Income TaxDepreciation on windmill - dis-allowance of claim of higher depreciation @ 80% on ground that assessee has not exercised option as per proviso to Rule 5(1A) before the due date of filing the return of income u/s 139(1) for the relevant AY in which generation of power had begun - Held that:- CIT(A) has not passed speaking order giving detailed reasons for allowing the appeal of the assessee. Moreover, the AO in his assessment order has also taken contradictory stand with respect to the business of the assessee. In our considered opinion, the order of the CIT(A) is liable to be set aside and the matter requires to be remanded back to the AO to decide the matter afresh after taking into consideration facts of the case and submissions of the assessee.
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