2015 (11) TMI 1607

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....nce of depreciation on Wind Mills of Rs. 54,44,869/-. 1.2 The learned AO may be directed to allow the depreciation in full as claimed by the assessee. 1.3 The learned CIT(A) failed to appreciate that the issue is covered by jurisdictional ITAT decision in the case of Jsons Pvt. Ltd., and hence needs to be allowed. 1.4 The disallowance of depreciation may please be deleted. 2.0 The appellant craves right to add, later, delete, modify all or any of the grounds of appeal." 3. The solitary issue raised by the assessee in appeal is disallowance of depreciation on windmills to the tune of Rs. 54,44,869/- by the Assessing Officer. 4. Briefly stated, the relevant facts concerning the issue raised by the ass....

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....46,231/- as against depreciation claimed by the assessee Rs. 7,49,91,100/-. Accordingly, the Assessing Officer disallowed the alleged excess claim of depreciation of Rs. 54,44,869/- relatable to 'foundation & civil work' and 'erection & commissioning work' noted above. 5. The CIT(A) justified the disallowance made by the Assessing Officer. The relevant operative para is reproduced herein below for ready reference :- "9. Before the undersigned, similar arguments have been taken on behalf of the appellant. On going through the appellant's submissions and assessment order, I find that the disallowance made by the assessing officer is justified. Purpose of allowing depreciation in a business is to allow the businessman to recover th....

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.... assessee is indolent in compliance with the appointed date of hearing. Hence, the matter is proceeded exparte and is being disposed on the basis of submission made on behalf of the Revenue and material placed on record. 7. The Ld. Departmental Representative for the Revenue relied upon the orders of the authorities below and pleaded that depreciation at higher rate applicable to windmills is not permissible in the case of civil & erection and structural work, etc. and therefore action of the Revenue is fully justified. 8. We have carefully considered the orders of the authorities below and submissions made on behalf of the revenue. The only issue for adjudication before us is allowability of similar depreciation rate as applicable to....