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2015 (12) TMI 556 - AT - Income TaxDisallowance of depreciation on Wind Mill - put to use - CIT(A) allowed the claim - Held that:- As per cl. (i) of sub-s. (1) of s. 32 the depreciation on the assets of an undertaking engaged in generation or generation and distribution of power is at a percentage as prescribed as per rates on the actual cost thereof. Thus sub-cl. (i) of sub-s. (1) of s. 32 provides the depreciation at a prescribed rate on the assets of specified undertaking on the actual cost instead of WDV. Explanation 5 to sub-s. (1) of s. 32 makes it clear that the provisions of sub-s. (1) to s. 32 of IT Act shall apply whether or not the assessee has claimed the deduction in respect of depreciation in computing his total income. The expression "put to use" for 180 days has been wrongly changed by the AO for "6 months". It is an admitted case that the Wind Mill was commissioned on 30th September, 2007 and further it is also an admitted case that the metering arrangement was also made by inter-connecting with the grid sub station of RRVPNL, Barmer. Thus all the installation of the Wind Mill, laying down of the transmission lines, and installation of meter and connection of the meter with the supply line of the assessee were completed on 30.09.2007. Therefore, in the opinion of the Bench the asset was put to use on or before 30.09.2007, thus the asset for which depreciation claimed was used for a period of more than 180 days. Our view is also supported by Judgment passed of K.K.S.K. LEATHER PROCESSORS (P) LTD [ 2009 (11) TMI 556 - ITAT MADRAS-D] - Decided against revenue .
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