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2015 (10) TMI 2741 - AT - Income TaxDisallowing the higher rate of depreciation on the components / constituents of the windmill - Commissioner of Income Tax (Appeals) restricting the rate of depreciation claimed at 80% on foundation, electrical installation and other related components of windmill - Held that:- As decided in co-ordinate Bench in the case of DCIT Vs. Sushant M. Jadhav (2013 (4) TMI 846 - ITAT PUNE) to show that depreciation @ 80% is allowable on all the above components of the windmill, except expenditure on keeping the area vacant for free access. Thus we hold that the assessee is eligible to claim depreciation @ 80% on the following components / constituents of windmill - Installation, Civil work, MEDA Processing fee, MEDA Application fee, Electrical Installation, Labour charges for erection and installation, Labour charge for final testing AND Other Pre-operation Expenses capitalized - Decided partly in favour of assessee
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