TaxTMI 
TaxTMI 
2015 (10) TMI 1759
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....style-unhide:no; border:solid windowtext 1.0pt; mso-border-alt:solid windowtext .5pt; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-border-insideh:.5pt solid windowtext; mso-border-insidev:.5pt solid windowtext; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:"Times New Roman"; mso-bidi-theme-font:minor-bidi;} SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER AND RAM LAL NEGI, JUDICIAL MEMBER For The Assessee : Shri Nitin Waghmode For The Revenue : Shri Shekhar Gupta ORDER PER N.K. BILLAIYA, AM: ITA No. 4157/M/13 and C.O. No. 164/M/2014 are appeal and cross objection by the Revenue and the assessee against the very same order of the Ld. CIT(A)-24 Mumbai dated 28.2.2013 pertaining to A.Y. 2007-08. ITA No. 4158/M/2013 and C.O. No. 165/M/2014 are appeal and cross objection by the Revenue and the assessee against the very same order of the Ld. CIT(A)-24 Mumbai dated 28.2.2013 pertaining to A.Y. 2008-09 and ITA No. 4636/M/2013 is the appeal by t....
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....mmercial invoice No. SWL/WEG/055 DATED 31.02.2007 for the WEG in Tamil Nadu. It was explained that the amount of Rs. 90 lakhs paid to Southern Wind Farms Ltd. includes the erection and commissioning charges. The assessee also produced the Commercial Invoice No. PWPL/KA/02/06-07 dated 9.3.2007 in respect of WEG installed in Karnataka State. The assessee also supplied another commercial invoice No. ENC/97/06-07 dated 30.3.2007 for Rs. 2,24,480/- being the charges for Erection and Commissioning of the WEG in Karnataka State. After considering the facts and the submissions and the relevant documentary evidences supplied by the assessee, the AO found that the cost of land for WEG in Tamil Nadu was Rs. 58,500/- as per the photocopy of the Sale Deed furnished by the assessee. 4.4. The AO further observed that one of the representative of the assessee Shri Anil Sharma in his letter dated 23.12.2009 had admitted that the said land was procured by Southern Wind Farms Ltd., and Pioneer Windcon Pvt. Ltd., and the assessee has paid Rs. 3 lakhs towards the cost of land. The AO was of the firm belief that the assessee has incurred unexplained expenditure in the purchase of land at Rs. 2,41,500/....
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....poration, location, capacity and the identification number is mentioned as WEG HTSC No. U135S. The assessee's AR during the hearing has drawn my attention to this approval letter that at point No.6 under "condition to be fulfilled by the promoter" it is mentioned as 6) It should be ensured before commissioning of the WEG that the WEG erected is a new machine and not a second hand machine by certifying the supporting documents. Similarly, letter dt. 21/02/2007 issued by Executive Engineer Operation and Maintenance Udumalpet to the Superintendent Engineer Udumalpet wherein it is also mentioned that M/s Swani Corporation, Mumbai have completed the 225 KV link line works for the energize ion of the WEG and further mentioned in paragraph No.3 of the above mentioned letter as under:- "The newly erected 1x225 KW WEG is to be connected with boards grid through the existing 22kv Gudimangalam feeder fed of 110/22KV Udumalpet Sub-Station permanently. 4.3.8 The DDIT, Unit-Il, Coimbatore has also enclosed the installation certificate dt. 02/02/2007 wherein the HTSC number, capacity, location, village and date of supply "effected are mentioned. Thus, as per the above evidence produce....
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.... machineries have been given in respect of the WEG. iv) There are no identification No. of the wind mill v) The assessee has not proved that the Wind Mill has been installed was a new Wind Mill. 9.1. At the very outset, we have to state that whether the installed Wind Mill was new or old would not affect the claim of depreciation as per the provisions of the law. Further we find that the report of the DDIT, Unit-II Coimbatore is self speaking report wherein the Revenue authorities have made a detailed investigation in respect of the erection of Wind Mill Energy in the State of Tamil Nadu. The excerpts of the said report has been incorporated by the Ld. CIT(A) in his order from para 4.3.7 onwards and a gist of which is exhibited elsewhere and the report of DDIT (supra). We have no hesitation to hold that the assessee's claim for purchasing a Wind Mill, erecting the same and generating electricity are fully substantiated. Therefore, the assessee is entitled to the claim of depreciation as per the provisions of the law. We, accordingly decline to interfere with the findings of the Ld. CIT(A). 9.2. In so far as the claim of depreciation on the Wind Mill installed in the State o....