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2015 (10) TMI 2742 - AT - Income TaxEligibility to claim higher rate of depreciation (80%) on the civil construction and electrical installations of windmill - whether the civil work forming the foundation of windmill and electrical installations are integral part of windmill and eligible for higher rate of depreciation @ 80%? - Held that:- The issue raised in the present appeal is no more res integra. There are catina of decisions by various Hon’ble High Courts and the co-ordinate Benches of Tribunal, wherein this issue has time and again been adjudicated. The Hon’ble High Courts have been consistently holding that windmill civil structure foundation and electrical fittings are closely inter-connected and linked with each other making it a single composite unit. Therefore, on all the components of the windmill, whether it be concrete foundation or electrical fittings / installations, depreciation @ 80% has to be allowed. See COMMISSIONER OF INCOME TAX AHMEDABAD III VERSUS PARRY ENGINEERING AND ELECTRONICS P. LTD. [2014 (12) TMI 752 - GUJARAT HIGH COURT]. Thus we hold that the assessee is eligible to claim depreciation @ 80% on electrical installations as well as civil construction – concrete foundation of the windmill. - decided in favour of assessee.
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