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2022 (9) TMI 157 - AT - Income TaxDepreciation on windmill - number of days Asset put to use - as per AO windmill purchased by the assessee company during the period under consideration was not put to use during F.Y. 2011-12 - additional evidence filed by the assessee - HELD THAT:- The claim of the assessee of having put to use the windmill turbine on 31.03.2012 was found to be correct by the AO on verification of the additional evidence filed by the assessee. As categorically stated by AO in the remand report, the additional evidence filed by the assessee including especially the letter dated 25.10.2016 issued by the Deputy Director of GEDA was sufficient to establish that the assessee-company having put to use the windmill turbine on 31.03.2012 was eligible for credit of units on that date. The claim of the assessee of having put to use the windmill turbine on 31.03.2012 and having started the wind farm power generation on 31.03.2012 thus was duly established on the basis of relevant evidence and the same was accepted even by the AO on verification of the said evidence as categorically stated by him in the remand report. Based on this finding of fact recorded by the AO himself in the remand report CIT(A) allowed the claim of assessee for depreciation on windmill; and, at the time of hearing before us, even the learned DR has not been able to rebut or controvert the finding recorded by the AO - We, therefore, find no justifiable reason to interfere with the order of the CIT(A) allowing the claim of the assessee for depreciation on windmill and upholding the same on this issue, we dismiss the appeal filed by the Revenue. Addition on account of depreciation while computing book profit u/s 115JB - We find that the issue raised by the assessee in Cross Objection is squarely covered in favour of the assessee by the decision of Co-ordinate Bench of this Tribunal in the case of Kansara Popatlal Tribhuvan Metal Pvt. Ltd. [2022 (8) TMI 618 - ITAT AHMEDABAD] and respectfully following the same, we delete the addition made by the Assessing Officer and confirmed by the learned CIT(A) on account of depreciation while computing the book profit u/s 115JB.
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