9911796707
TMI Blog2019 (4) TMI 1238X X X X Extracts X X X X X X X X Extracts X X X X ..... P.C. 1. These appeals are admitted for consideration on following reframed substantial questions of law : (a) Whether, the respondent / assessee fulfills the requirement stipulated in Section 80IA(4) of the Income Tax Act, 1961 once the conclusion reached is that it is contractor and not developer as stated in the subsection? (b) Whether, in the facts and circumstances of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he case and in law, the Tribunal erred in allowing depreciation @80% on civil construction, electrical and other nonintegral installations? (ii) Whether on the facts and in the circumstances of the case and in law, the Tribunal erred in allowing depreciation @80% on civil work on which depreciation was allowable @ 10% and since civil works are not specially designed devices, the same are no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a part of installation of windmill and, therefore, the depreciation prescribed for the same would not be available to the assessee. We notice that the similar question had come up for consideration before this Court in Income Tax Appeal No.1326 of 2010, wherein the appeal was dismissed by order dated 14th June, 2017 making following observations: "2. The Tribunal has recorded finding of fa ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
