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2019 (8) TMI 1900 - AT - Income TaxDeduction u/s. 80IA(4) - income derived from the four windmills separately - AO rejected assessee’s claim by treating all the four windmills as single undertaking - HELD THAT:- It is an undisputed fact that the date of commencement of operation of each windmill is different. The stand of the Revenue is that instead of claiming deduction u/s. 80IA(4) on each windmill as separate unit, the assessee should have computed deduction on all the windmills as single undertaking. We find that the issue whether deduction u/s. 80IA(4) is to be computed on each windmill unit separately or on consolidated basis was considered in the case of M/s. D.J. Malpani Vs. ACIT [2015 (12) TMI 896 - ITAT PUNE] Since, the issue has already been considered by the Tribunal and has held that each unit of windmill has to be considered separately for computing deduction u/s. 80IA(4), we see no reason to deviate from the view already taken. No contrary judgment has been placed on record before us by the Revenue. DR has pointed that the Department has filed appeal against the Tribunal’s decision in the case of M/s. D.J. Malpani [2015 (12) TMI 896 - ITAT PUNE], however, no order by the Hon’ble High Court either staying or reversing the aforesaid decision of Tribunal has been furnished by the DR. No infirmity in the order of CIT (A) in allowing assessee’s claim of deduction u/s. 80IA(4) considering each windmill as separate unit for allowing deduction u/s. 80IA(4).
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