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2015 (7) TMI 371 - PUNJAB & HARYANA HIGH COURT

2015 (7) TMI 371 - PUNJAB & HARYANA HIGH COURT - TMI - Disallowance made under Section 36(1)(iii) - Disallowance of higher depreciation on installation of electrical line for power transmission and metering treated as not part of Wind Mill - Power evacuation infrastructure as part of wind mill - Depreciation on contribution for power evacuation facility - Held that:- Disallowance made under Section 36(1)(iii) - It was not the case of the AO that the assessee had diverted the funds borrowed on in .....

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this Court dated 18.12.2014 titled as Commissioner of Income Tax-I, Ludhiana Vs M/s Eastman Impex [2015 (1) TMI 436 - PUNJAB & HARYANA HIGH COURT]. The questions are answered against the appellant/department. - Decided against the revenue. - ITA-37-2014 - Dated:- 2-7-2015 - S. J. Vazifdar, Acting Chief Justice And G. S. Sandhawalia,JJ. For the Appellant : Mr. Rajesh Katoch, Advocate For the Respondent : Mr. S. K. Mukhi, Advocate ORDER S. J. Vazifdar, A.C.J. (Oral) The appellant has raised the f .....

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in upholding the order of the ld. CIT(A) wherein disallowance of higher depreciation on account of expenditure on installation of electrical line for power transmission and metering treated as not part of Wind Mill by the A.O. was deleted by the CIT(A)? (iii) Whether on the facts and circumstances of the case, the Hon ble ITAT was right in law in treating the power evacuation infrastructure as part of wind mill and as renewable energy device whereas the AO has brought on record sufficient materi .....

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