TMI Blog2015 (12) TMI 556X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee has claimed the deduction in respect of depreciation in computing his total income. The expression "put to use" for 180 days has been wrongly changed by the AO for "6 months". It is an admitted case that the Wind Mill was commissioned on 30th September, 2007 and further it is also an admitted case that the metering arrangement was also made by inter-connecting with the grid sub station of RRVPNL, Barmer. Thus all the installation of the Wind Mill, laying down of the transmission lines, and installation of meter and connection of the meter with the supply line of the assessee were completed on 30.09.2007. Therefore, in the opinion of the Bench the asset was put to use on or before 30.09.2007, thus the asset for which depreciation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll and the month in which the Wind Mill was put to use i.e. started generation of power. 3. The ld. Counsel for the assessee filed written submission on 25.11.2010. The Executive Engineer-II(C M)/(TCC-IV) RRVPNL, Barmer has issued the Commissioning Certificate vide his letter No. RRVPNL/XEN-II (C M) TCCIV/BMR/D.761 dated 20.10.2007. The said letter states as under :- To M/s. Excel Associates Pvt. Ltd., Regd. Office Basement No. 1, Navjeevan Complex, 29, Station Road, Jaipur 302 006 (India). Sub : Revised Commissioning Certificate. This is to certify that M/s. Excel Associates Pvt. Ltd. have successfully commissioned 1 No. X 600 KW Suzlon make Wind Electric Generator on Dated 30th Sep, 2007 at village Sadi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Energy Import : 3032 KWH Net Energy Export : 35475 KWH Rate of Sale of Electricity : ₹ 3.48 per KWH Total Amount : ₹ 123453.00 Rounded off : ₹ 123453 (Rupees One lakh Twenty Three Thousande Four Hundred Fifty Three only) The original readings of power producers have been furnished to the Superintending Engineer, RPPC (JdVVNL), Heerapura, Jaipur. You are requested to kindly arrange to issue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respect of depreciation of' (i) in the case of assets of an undertaking engaged in generation or generation and distribution of power, such percentage on the actual cost thereof to the assessee as may be prescribed; (ii) in the case of any block of assets, such percentage on the WDV thereof as may be prescribed. Provided further that where an asset referred to in clause (i) or clause (ii)[ or clause (iia)], as the case may be, is acquired by the assessee during the previous year and is put to use for the purposes of business or profession for a period of less than one hundred and eighty days in that previous year, the deduction under this sub-section in respect of such asset shall be restricted to fifty per cent of the amoun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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