TMI Blog2013 (4) TMI 846X X X X Extracts X X X X X X X X Extracts X X X X ..... he same formed part of the windmill. 2. The issue is whether the Ld.CIT(A) justified in holding that the assessee is entitled for 80% depreciation on the civil work and electrical items and on fees paid to the MEDA for being part of the windmill. 3. The briefly stated facts are as under. The assessee has purchased 3 windmills from TS Windpower Developers towards which the assessee has capitalized cost of ₹ 3,51,16,920/-. On the said amount the assessee has claimed depreciation @ 80% which was worked out to ₹ 1,86,05,388/-. The assessee has got commissioned those windmills on 01-10-2007. The Assessing Officer had reservation in respect of allowing the depreciation @ 80% on the expenditure on the civil work, electrical item ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es. The Ld. Counsel submits that in assessee s own case for the A.Y. 2007-08, the issue has been considered by the Tribunal and has allowed the claim of assessees on depreciation at 80% on the foundation, erection and installation cost of the wind mill. The Ld. Counsel has filed the copy of the Tribunal order in assessee s own case for the A.Y. 2007-08. We have also heard the Ld. D.R. We find that the issue of the rate of depreciation applicable to the cost of foundation of erection and commissioning has already been considered by the Tribunal in assesee s own case for the A.Y. 2007-08. The Tribunal has held that foundation is the integral part of the wind mill and same is eligible for depreciation at the rate which is applicable to the win ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erator for 1.25 MW windmill at Location No K-437 at above site address. 14,32,600/- 4. 04-03- 2006 Processing fees 2,58,970/- 5. 31-12- 2005 MEDA processing and application fees 6,28,750/- 6. 31-03- 2006 Contribution towards common power evacuation infrastructure facility 37,50,000/- 8. In respect of above six components of cost of windmill claimed by the assessee, the Assessing Officer allowed depreciation at 15% and not at 80% as claimed by the assessee. The CIT(A) howe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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