2015 (2) TMI 508

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....re having a common question for our consideration in the terms that "whether the assessees are rightly declared entitled by the ITAT and the CIT(A) to have depreciation as per Appendix-1 to the Income Tax Rules, 1962 for the cost incurred in civil work and foundation, electrical items, components in installation and common power evacuation while installing windmills?" 2. The Assessing Officer d....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....pplicable for these items too. The electrical items, components and common power evacuation too are integral part of a windmill as that could have not been operational without these items. The revenue challenged the decision of the CIT(A) before the ITAT, Jodhpur but that came to be dismissed by the judgment impugned. The ITAT affirmed the findings given by the CIT(A) by holding as under:- "Wit....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....dered by the Hon'ble Gujarat High Court in Tax Appeal No.604/2012, decided on 29.1.2013, in CIT v. Parry Engg. and Electronics (P.) Ltd. In the case aforesaid Hon'ble Gujarat High Court held that "Windmill would require a scientifically designed machinery in order to harness the wind energy to the maximum potential. Such device has to be fitted and mounted on a civil construction, equipped....