https://www.taxtmi.com/caselaws?id=336495 Depreciation on a newly acquired windmill required proof of commissioning and actual use; a mere trial-run authorisation was insufficient, so the claim was denied. For depreciable assets in a block, the year-end block mechanism governed computation under section 50, and the sale of the old windmill was not treated as short-term capital gain merely by reference to the sale date. Commission paid to foreign agents for procuring export orders abroad did not attract withholding tax where no services were rendered in India, so disallowance under section 40(a)(i) was unwarranted. Expenditure incurred up to commissioning, including development rights, erection, commissioning, and transport, formed part of actual cost eligible for windmill depreciation. Foreign travel expense for a partner's spouse was allowed only in part, and the damaged-goods claim was remanded for fresh examination. en-us Mon, 24 Oct 2016 00:00:00 +0530 Wed, 21 Dec 2016 15:26:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=336495 Depreciation on a newly acquired windmill required proof of commissioning and actual use; a mere trial-run authorisation was insufficient, so the claim was denied. For depreciable assets in a block, the year-end block mechanism governed computation under section 50, and the sale of the old windmill was not treated as short-term capital gain merely by reference to the sale date. Commission paid to foreign agents for procuring export orders abroad did not attract withholding tax where no services were rendered in India, so disallowance under section 40(a)(i) was unwarranted. Expenditure incurred up to commissioning, including development rights, erection, commissioning, and transport, formed part of actual cost eligible for windmill depreciation. Foreign travel expense for a partner's spouse was allowed only in part, and the damaged-goods claim was remanded for fresh examination. Case-Laws Income Tax Mon, 24 Oct 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=336495