TMI Blog2016 (4) TMI 265X X X X Extracts X X X X X X X X Extracts X X X X ..... 2011 (6) TMI 837 - BOMBAY HIGH COURT) i.e. the cost of civil foundation is to be allowed depreciation @80%. - Income Tax Appeal No. 2125 of 2013 - - - Dated:- 1-3-2016 - M. S. Sanklecha And B. P. Colabawalla, JJ. For the Appellant : Mr. Suresh Kumar a/w Ms. Sakshi Kanani For the Respondent : Mr. Nishant Thakkar a/w Jasmin Amalsadvala i/b PDS Legal ORDER P. C. This Appeal filed by the Revenue under Section 260A of the Income Tax Act, 1961( the Act ) takes exception to the order dated 31st January, 2013 passed by the Income Tax Appellate Tribunal ( Tribunal ). The Assessment Year involved is 2007-2008 2 Although the Memo of appeal raises three questions, Mr. Suresh Kumar urges only the following two questions of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioning charges. (c) Line work (d) Electrical items (e) MEDA charges (f) Application charges (g) Professional charges and (h) Bank charges (i) Civil Works were held not entitled to depreciation @80% as they are not a part of the Windmill. Thus, allowing depreciation @10% with regard to the cost of civil work foundation for the Windmill listed at (i) above and depreciation of 15% on all the other items listed at (a) to (h). Thus, the Assessing Officer disallowed the claim of ₹ 92.58/lakhs and restricted the depreciation to only ₹ 4.20 Crores as against ₹ 5.12 Crores claimed by the Respondent-assessee. 4 Being aggrieved, the Respondent-assessee filed appeal to the Commissioner of Income Tax(Appeals) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion listed at item (i) in paragraph(3) above is concerned, the impugned order of the Tribunal follows the decision of this Court in the case of the Commissioner of Income Tax-III, Pune v/s Cooper Foundary Pvt Ltd (Income Tax Appeal No.1326 of 2010 rendered on 14th June,2011), wherein the depreciation in respect of civil foundation was allowed @80%. 6 The Revenue being aggrieved with the impugned order of the Tribunal is in appeal before us raising the two questions for our consideration. 7 Regarding Question (1) (a) We find both the CIT(A) as well as the Tribunal have recorded a finding of fact that the items listed at (a) to (d) in paragraph(3) above form an integral part of the Windmill. Thus, entitled to 80% depreciation being a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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