2013 (1) TMI 840

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....sh Chandra-CIT (DR) PER HARI OM MARATHA, J.M.: This appeal of the assessee for A.Y. 2008-09 is directed against the order of ld. CIT(A), dated 16.08.2011. 2. The sole issue involved in this case is whether a Wind Mill commissioned on the last day of the F.Y. (on 31.03.2008), would be or would not be entitled for depreciation. There is no dispute that depreciation on the Wind-Mill is avail....

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....8, it is proved that the Wind Mills were commissioned on 31.03.2008 and were ready for use." But the A.O. has concluded that there is no proof of generation of electric power and sale thereof, therefore, the 'user' part which is one of the twin conditions to be eligible for depreciation is missing. Hence, he denied the impugned depreciation. The ld. CIT(A) has also agreed with the A.O. The assesse....

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....is not entitled for the claimed depreciation. 5. After considering rival stands we are convinced that there is enough evidence on record according to which it is established that the Wind-Mills were ready for use. Even if these Mills were not actually put to use and/or no electricity was generated, it would not defeat the claim of the assessee. The assessee is the owner of the Wind-Mills which ....