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2015 (7) TMI 1058 - ITAT PUNE

2015 (7) TMI 1058 - ITAT PUNE - TMI - Compute the depreciation @ 80% on WDV of windmill, which in turn is closing WDV of the preceding year. The assessee admittedly, has not installed any other windmill in the instant year. The grounds of appeal raised by the assessee are allowed in assessment year 2008-09. - MA No. 39/PN/2014 ITA No. 1495/PN/2011 - Dated:- 22-7-2015 - SHRI R.K. PANDA, AM AND SHRI VIKAS AWASTHY, JM For the Appellant: Shri M.P. Machave For the Respondent: Ms. Nishtha Tiwari ORDER .....

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ation @ 80% was allowed. The assessee claimed half of 80% depreciation as the windmill was installed in second half of the year. Consequently, the Assessing Officer should have allowed 80% depreciation on W.D.V. as on 01-04-2006 for assessment year 2007-08 and subsequent assessment years. The issue raised in appeal wrongly got mixed up and the Tribunal following its order in appeal by Revenue in assessee s case in ITA No. 890/PN/2001 for assessment year 2007-08 decided on 31-12-2012 granted reli .....

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tion in recalling of the order in ITA No. 1495/PN/2011 dated 30-01-2013. 4. We have heard the submissions made by the representatives of rival sides and have perused the orders of the authorities below. The assessee has prayed for recalling the order dated 30-01-2013 in ITA No. 1495/PN/2011 on the ground that the Tribunal has not properly adjudicated the issue relating to depreciation on windmill although the appeal of the assessee was allowed. The issue raised by the assessee in appeal and deci .....

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