2011 (6) TMI 896

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....usiness of exporting cotton fabrics had in the relevant previous year claimed depreciation on a wind mill. Assessee produced a letter issued by the Executive Engineer, Tamil nadu Electricity Board (TNEB), which stated that the wind mill was commissioned on 05.03.05. As per the assessee, the trial production was started and it was not necessary to produce electricity for the whole of the year for claiming depreciation. However, the Assessing Officer was of the opinion that as per the agreement entered into by the assessee with the Member(generation) TNEB, wind mill would be connected to the power grid only on commissioning of 22 kv enercon Feeder. Therefore, as per the Assessing Officer, wind mill could not be considered connected to the gri....

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....ties below submitted that Assessing Officer had simply went by the agreement dt.15.01.2005 entered into by the assessee with Member (Generation)TNEB, as per which it had to comply with certain technical and other requirements. Ld. AR argued that assessee had complied with such requirements, remitted the necessary fees to the TNEB and only thereafter the commissioning certificate was given by the Executive Engineer, TNEB . Hence, according to him assessee had started producing power and it was also connected to the grid. Deprecation as per Ld. AR was unjustly denied to it. Per Contra Ld. DR supported the orders of the authorities below. 5. We have perused the orders of the authorities below and heard the rival contentions. Admittedly, Ass....