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2017 (9) TMI 173 - HC - Income TaxPenalty u/s. 271(1)(c) - claim for full depreciation - Held that:- From the materials on record, it can be seen that the assessee had put a claim for full depreciation for the year under consideration suggesting that the windmills were installed and commissioned before 30.09.2004. A stand which was opposed by the Revenue. Even the Tribunal on the quantum appeal while accepting the Revenue’s stand noted that windmill along with the turbine generator was dispatched for delivery from Daman by the manufacturers M/s. Suzlon Energy Ltd. on 25.09.2004. The same had to be delivered to Jaisalmer, Rajasthan. The Tribunal accepted the department’s stand mainly on the ground that the assessee failed to produce the lorry receipts, octroi receipts and other proofs of transportation of goods to show that the machine did actually reach Jaisalmer before 30.09.2004. This is, therefore, a case where the assessee had put forth a claim making full disclosures with supporting evidence. The department, however, relied on the materials collected during the scrutiny assessment to come to the conclusion that the commissioning would not have been over before 30.09.2004. The Tribunal was correctly of the opinion that this would not give rise to penalty proceedings. Tax appeal is, therefore, dismissed.
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