2017 (5) TMI 1676

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..... ered by decision of KK. ENTERPRISES [ 2015 (2) TMI 508 - RAJASTHAN HIGH COURT] as held that Civil construction and electric fittings, which have no use other than for the purpose of the functioning of the windmill would become closely interconnected and are part and parcel of the windmill and, therefore, liable for depreciation. Legislature has provided for higher rate of depreciation of 80 per c .....

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..... the facts and circumstances of the case the ITAT has erred in holding that depreciation @ of 80% has to be allowed on Wind Turbine Machine without segregating investment on building part and on electric item without appreciating that depreciation @ of 80% is allowable on Wind Turbine Generator Machine and not on electrical fitting and building etc. 3 Heard learned counsel for the parti .....

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..... so generated. Such civil structure and electric fittings, therefore, it can be well imagined, would be highly specialized. Thus, such civil construction and electric fitting would have no use other than for the purpose of functioning of the windmill. On the other hand, it can be easily imagined that windmill cannot function without appropriate installation and electrification. In other words, the .....

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