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2015 (1) TMI 436 - HC - Income TaxRate of depreciation - 80% or 15% - Renewable energy device - nature of power evacuation infrastructure attached to a wind mill - Held that:- Assessing Officer after a laboured attempt to separate the renewable energy devices, in the case a wind mill for the power evacuation infrastructure referred to the nature of renewable energy, wind mills etc. and held that power evacuation infrastructure is not an integral part of a renewable energy devices and, therefore, proceeded to hold that depreciation shall be calculated at 15%. - CIT(A) set-aside this order and by holding that the power evacuation infrastructure is an integral part of the renewable energy devices and allowed depreciation @ 80%. - A wind mill, which is admittedly a source of renewable energy, cannot possibly function without power evacuation infrastructure and, therefore, to hold that it is not integral to a wind mill would be travestying of facts and justice. It would be necessary to clarify that we are not dealing with an ordinary device, where transmission lines and electricity generation devices are involved but a wind mill, which obviously cannot supply electricity without power evacuation infrastructure as integral to its very functioning and user. Consequently, we answer questions of law against the revenue - Decided against Revenue.
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