2014 (4) TMI 180

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.... Control Instruments and allied products mainly used in cement, metal, chemical and power plants. In its ROI for A.Y. 2009-10, the assessee has disclosed total income of Rs. 2,13,37,980/-. During the year the assessee-company had installed one Suzlon 0.600 MW Wind Turbine Generator at village Fetwal, Jaisalmer in Rajasthan and has claimed depreciation on total investment in the Wind Mill at the rate of 80%. The A.O. has not allowed claimed depreciation on charge of Power, Civil Work for foundation and electrical supply and electrical line work, and has thus, made an additions of Rs. 25,15,190/- by disallowing or reducing the depreciation claimed. 3. As against the above, ld. CIT(A) has deleted the entire addition by allowing depreciation....

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....s appreciated the arguments, evidences, facts and circumstances of the case in their true perspective and has rightly considered the issue in favour of assessee and accordingly deleted the disallowance made by the A.O. on this account. There are neither new material evidences available on records nor any latest decisions on the issue pronounced which is against the holding by CIT (Appeals). Hence we request your goodself to please dismiss the ground of appeal of the department in this respect in the interest of equity and justice. Against the ground no. 2 i.e. deletion of disallowance of depreciation of Rs. 10,63,8147- claimed on civil work of foundation and other. We have to submit that the Ld. CIT (Appeal), Udaipur has discussed the is....