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2016 (7) TMI 708 - RAJASTHAN HIGH COURT

2016 (7) TMI 708 - RAJASTHAN HIGH COURT - [2016] 388 ITR 169 - Depreciation claimed on civil foundation as well as on electric turbine generator for the wind mill - Held that:- The issue before the Madras High Court in the case of Hi Tech Arai Ltd. [2009 (9) TMI 60 - MADRAS HIGH COURT ] was again of a wind mill where depreciation on power generation was claimed. It was found that main business of the assessee was not of producing or generating electricity and thus, the Madras High Court decided .....

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order of Income Tax Appellate Tribunal (for short the Tribunal ) dated 28th February, 2014 whereby the appeal preferred by the assessee was allowed. Learned counsel for the revenue submits that rate of depreciation was an issue before the Tribunal but without proper appreciation of law as well as facts, the appeal was allowed in favour of the assessee. The assessee had claimed depreciation and additional depreciation in excess to the rate and was not otherwise admissible on a room constructed a .....

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te about rate of depreciation was required to be addressed by the Tribunal but it had failed to decide the issue aforesaid. Accordingly, the order of the Tribunal may be set aside while maintaining the order passed by the CIT. Learned counsel for the assessee has contested the appeal and submitted that the Commissioner has made observations against the judgment passed by the Madras High Court in the case of CIT Vs. Hi Tech Arai Ltd. reported in (2010) 321 ITR 477 (Mad.) as well as Income Tax App .....

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tached to the wind mill then depreciation would be at the rate claimed by the assessee. The depreciation and additional depreciation has been allowed by the Assessing Officer. The revenue has unnecessarily raised the issue despite controversy having been settled. The Commissioner ought to have not interfered in the order passed by the assessing authority and thus, the Tribunal has rightly set aside the order in the appeal preferred before it. Accordingly, it may be maintained. We have considered .....

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