2012 (1) TMI 238

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tant Member) 1. The revenue has filed an appeal against order of ld CIT(A)-II, Jaipur dated 20/06/2011. The ground of appeal is as under: "On the facts and in the circumstances of the case and in law the Ld. CIT(Appeals) has erred in deleting addition of ₹ 38,60,680/- made by the AO by way of disallowance of excess depreciation claimed on Wind Turbine holding that depreciation @80% has t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....before us and arguments advanced by both the parties. We noted that the AO allowed 80% depreciation only on the cost of windmill plant i.e. ₹ 2.04 crores and on the balance amount allowed depreciation either @ 10% or 25% considering the same as building or plant and machinery. The Hon'ble Madhya Pradesh High Court in the case DCIT vs Vippy Solvex Products Ltd 164 Taxman 483 held in the case ....