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2014 (5) TMI 692

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....udevan, Advocate ORDER Per Vikas Awasthy, Judicial Member The appeals have been filed by the Revenue assailing the orders of the Commissioner of Income Tax (Appeals), Salem, for the assessment years 2007-08 and 2008-09. Both orders are dated 30.01.2013. 2. The only issue raised by the Revenue in the present appeals is rate of depreciation on electrical cables & fittings connected with windmi....

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....on the decision of Tribunal in the case of M/s. Vellathal Spinning Mills (P) Ltd., in ITA Nos.2082 and 2083/Mds/2010 dated 30.06.2011. Not satisfied with the orders of the Commissioner of Income Tax (Appeals) the Revenue has come in appeal before the Tribunal. 4. Shri. Anirudh Rai representing the department submitted that electrical lines for the power transmission and electrical fittings are di....

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....ue raised in the appeals is with regard to rate of depreciation on electrical fittings/cables attached to windmill. The assessee has claimed 80% depreciation on electrical fittings, whereas, the stand of Revenue is that electrical fittings, are not integral parts of windmill and thus qualify for depreciation at the rate of 10%. We find that this issue has come up before Tribunal in several cases, ....