TaxTMI 
TaxTMI 
2015 (10) TMI 2741
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....led his return of income for the impugned assessment year on 30-09-2008 declaring loss of Rs. 69,32,877/-. Thereafter, the assessee filed revised return of income on 03-10-2009 declaring taxable income of Rs. 73,52,950/-. The case of the assessee was selected for scrutiny. Accordingly, notice under section 143(2) of the Act was issued to the assessee on 21-08-2009. During the course of scrutiny assessment, the Assessing Officer observed that the assessee has claimed depreciation on certain components / constituents of windmill viz. civil work, MEDA Processing Fee, MEDA Application Fee, Electrical Installation, Labour charges for installation and final testing, etc. at the rate of 80%. The Assessing Officer disallowed higher rate of deprecia....
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....rdinate Bench of Tribunal in the case of DCIT Vs. Sushant M. Jadhav in ITA No.166/PN/2012, assessment year 2008-09 decided on 26-04-2013 in similar controversy by following the decision of Tribunal in the case of M/s. Western Precicast Pvt. Ltd. Vs. JCIT, decided on 30-01-2013 had allowed the claim of depreciation @ 80% on all the above said components, except on Keeping the area vacant for free access. The ld. AR in order to strengthen his submissions, has also placed reliance on the decision of Hon'ble Bombay High Court in the case of CIT Vs. Cooper Foundry Pvt. Ltd. in Income Tax Appeal No.1326 of 2010 decided on 14.06.2011 and the decision of Tribunal in the case of Poonawalla Finvest & Agro Pvt. Ltd., reported in 118 TTJ 68. 4. On the....
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....ll, except expenditure on keeping the area vacant for free access. We find that in the case of DCIT Vs. Sushant M. Jadhav (supra), the coordinate Bench after placing reliance on the decision of M/s. Western Precicast Pvt. Ltd. Vs. JCIT (supra), has decided the issue in favour of the assessee. The relevant extract of the order of Tribunal in ITA No.166/PN/2012 reads as under:- "5. We have heard the parties. We find that the identical issue has been considered by the Tribunal in the case of M/s. Western Precicast Pvt. Ltd. Vs. JCIT, Range-I, Sangli, ITA No. 1495/PN/2011 order dated 30-01-2013. The Tribunal followed the decision in the assessee own case for the A.Y. 2007-08. The operative part of the Tribunal's decision is as under: 4. We....
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....l to Grid interconnection point including HT metering for 1.25 MW WINDMILL AT LOCATION No. K437 at above site address. 30,93,500/- 2. 30-03-2006 Labour charges towards final testing and commissioning for 1.25 MW windmill at Loc No. K437. 1,10,200/- 3. 30-03-2006 Towards labour charges for work executed, for erection and installation of windmill consisting of : Unloading and safe keeping of material, Assembly, erection and installation of windmill tower and wind turbine generator for 1.25 MW windmill at Location No K-437 at above site address. 14,32,600/- 4. 04-03-2006 Processing fees 2,58,970/- 5. 31-12-2005 MEDA processing and application fees 6,28,750/- 6. 31-03-2006 Contribution towards common power evacuation i....