TMI Blog2015 (2) TMI 501X X X X Extracts X X X X X X X X Extracts X X X X ..... Impex [2015 (1) TMI 436 - PUNJAB & HARYANA HIGH COURT] - Decided in favour of assessee. - Income Tax Appeal No. - 53 of 2013 - - - Dated:- 9-2-2015 - Hon'ble Tarun Agarwala And Hon'ble Dr. Satish Chandra,JJ. For the Appellant : Shambhu Chopra, S.C. For the Respondent : N. R. Kumar, Vishwajeet ORDER This is the appeal of the department for the assessment year 2008-09, which was admitted on the following substantial questions of law:- 1. Whether the Hon'ble ITAT was legally correct in holding that all these components were renewable energy devices being part of the wind mill and specially designed devices and the assessee was entitled for higher depreciation on all the above items ignoring the facts tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is being used for the purpose of business. The material placed before the authorities not only indicated that the assessee was the owner of the project but was also a producer of power, which was being generated and sold to the government company. The Assessing Officer on examination of the invoices and functions of the windmill project noticed that microprocessor, hub etc., are the main power of windmill and, therefore, granted depreciation on these items at the rate of 80% and accepted the claim of the assessee. However, the claim of the assessee for claiming depreciation on civil work, copper wound transformers, electric items and electric lines were not allowed in favour of the assessee. The appeal of the assessee was also rejected. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... therefore, it can be well imagined, would be highly specialized. Thus, such civil construction and electric fitting would have no use other than for the purpose of functioning of the windmill. On the other hand, it can be easily imagined that windmill cannot function without appropriate installation and electrification. In other words, the installation of windmill and the civil structure and the electric fittings are so closely interconnected and linked as to form the common plan. As already noted, the legislature has provided for higher rate of depreciation of 80 per cent on renewable energy devices including windmill and any specially designed devise, which runs on windmill and cannot be separated from the same. The assessee's claim f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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