Appellant's Application Granted, Order Recalled for Depreciation Discrepancies

The Tribunal allowed the appellant's Miscellaneous Application, recalling the order in ITA No. 1495/PN/2011 for the assessment year 2008-09 concerning depreciation on a windmill. The Department did not oppose the recall, and after noting discrepancies in the earlier decision, the Tribunal restored the appeal for proper adjudication alongside related cases for the assessment year 2007-08.

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Issues:
Recall of Tribunal order regarding depreciation on windmill for assessment year 2008-09.

Detailed Analysis:
The appellant filed a Miscellaneous Application seeking the recall of the Tribunal's order in ITA No. 1495/PN/2011 for the assessment year 2008-09. The issue pertained to the depreciation on a windmill purchased and installed in the financial year 2005-06. The appellant claimed that only half of the 80% depreciation should be allowed as the windmill was installed in the second half of the year. The Tribunal, in its earlier order, had granted relief to the assessee based on a previous order in a similar case. However, it was argued that the issue of depreciation on the windmill was not properly adjudicated and needed to be reconsidered.

The Department did not file an appeal against the Tribunal's order due to low tax effect. The Department had no objection to recalling the order in question. After hearing both parties, the Tribunal observed that the issue raised by the appellant in the appeal and the decision rendered by the Tribunal were not aligned. The Tribunal had relied on a previous order related to the appellant's case for the assessment year 2007-08, which was under appeal by both the appellant and the Revenue.

The Tribunal noted that the appeal of the Revenue for the assessment year 2007-08 had been dismissed earlier but was subsequently recalled. Considering the circumstances and the fact that the issue of depreciation on the windmill was not adequately addressed, the Tribunal decided to allow the Miscellaneous Application of the assessee. Consequently, the Tribunal recalled the order in ITA No. 1495/PN/2011 for the assessment year 2008-09 and restored the appeal to its original number. The appeal was scheduled to be listed along with other relevant cases for the assessment year 2007-08 on a specified date.

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