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2015 (12) TMI 556 - ITAT JAIPUR

2015 (12) TMI 556 - ITAT JAIPUR - TMI - Disallowance of depreciation on Wind Mill - put to use - CIT(A) allowed the claim - Held that:- As per cl. (i) of sub-s. (1) of s. 32 the depreciation on the assets of an undertaking engaged in generation or generation and distribution of power is at a percentage as prescribed as per rates on the actual cost thereof. Thus sub-cl. (i) of sub-s. (1) of s. 32 provides the depreciation at a prescribed rate on the assets of specified undertaking on the actual c .....

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ment 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 claimed was used for a period of more than 180 days. Our view is also supported by Ju .....

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ound raised in the appeal is as under :- Whether on the facts and in the circumstances of the case and in law the ld. CIT (A) was justified in deleting the disallowance made by the A.O. on account of depreciation. 2. Brief facts of the case are that the assessee is carrying on the business of manufacturing & trading of HT/LT line equipment, switches, clamps connectors, isolators, electricity generation through wind power and trading of electrical goods. During the assessment year under consi .....

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essee 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 successfull .....

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ind electric Generator to receiving end (Sub station) is less than 50 Kms. Sd/- Executive Engineer - II(C&M)/TCC-IV) RRVPNL, Barmer. Further, the assessee wrote to the Superintending Engineer (RPPC), Jodhpur Discom on 13.11.2007. The said reads as under :- Sub : Invoice against the electricity delivered during the month of October 2007 from our 0.60 MW Wind Farm at village : Sadiya, Distt. Jaisalmer. Dear Sir, Please find enclosed herewith the joint meter reading at common delivery point for .....

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xport : 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 a cheque for the above amount in our favor at the earliest. 3.1. Despite submission of the letter and document, the AO has hel .....

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of the AR in view of the evidence placed on record by way of details of certificate for electricity delivered during the month of September, signed by the officials of JVVNL and RRVVPNL. In this certificate, details of the initial and final reading of export of electricity have been mentioned which show that the Wind Mills was put to use in the month of September, 2007. In view of the above facts, the depreciation claimed at 80% is allowable to the assessee and the disallowance of ₹ 1,41,0 .....

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ercentage 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 .....

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