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Documents citing Commissioner Of Income Tax Ahmedabad ... vs Parry Engineering And on 29 January, 2013

Sunstone Engineering , Jaipur vs Ito, Jaipur on 7 March, 2017

''Held:- The issue involved in these appeals has been considered by the Hon'ble Gujarat High Court in Tax Appeal No. 604/2012 decided on 29-1-2013, in Commissioner of Income Tax, Ahemdabad-III vs. Parry Enginerng and Electronics (P) Ltd. In the case aforesaid Hon'ble Gujarat High Court held that ''Windmill would 14 ITA No.1018/JP/2016 M/s. Sunstone Engineering Industries (P) Ltd.,Jaipur vs. ITO, Ward- (T&J), Jaipur require scientifically designed machinery in order to harness the wind energy to the maximum potential. Such device has to be fitted and mounted on a civil construction, equipped with electric fittings in order to transmit the electricity so generated. Such civil structure and electric fittings, therefore, it can be well imaged, would be highly specialized. Thus, such civil construction and electric fitting would have no used other than for the purpose of functioning of the wind mill. On the other hand, it can be easily imagined that windmill cannot function without appropriate installation and electrification. In other words, the installation of wind mill and the civil structure and the electric fittings are so closely interconnected and linked as to form the common plant. As already noted, the legislature has provided for higher rate of depreciation of 80 per cent on renewable energy devises including wind mill and any specially designed devise, which runs on wind mill. The civil structure and electric fittings, equipments are part and parcel of the wind mill and cannot be separated form the same. The assessee's claim for higher depreciation on such investment was, therefore, rightly allowed.
Income Tax Appellate Tribunal - Jaipur Cites 8 - Cited by 0 - Full Document

Deputy Commissioner Of Income Tax, ... vs Rajasthan Patrika (P) Ltd., Jaipur on 22 December, 2017

"The issue involved in these appeals has been considered by the Hon'ble Gujarat High Court in Tax Appeal No. 604/2012, decided on 29.1.2013, in Commissioner of Income Tax, Ahmedabad-III v. Parry Engineering and Electronics Pvt. Ltd. In the case aforesaid Hon'ble Gujarat High Court held that "Windmill would require a scientifically designed machinery in order to harness the wind energy to the maximum potential.
Income Tax Appellate Tribunal - Panji Cites 27 - Cited by 5 - Full Document

Arvind Cotsyn (India) Ltd.,, vs Department Of Income Tax on 10 February, 2016

8. The Hon'ble Punjab & Haryana High Court in the case of CIT Vs. Eastman Impex (Supra) after considering the judgments rendered in the case of CIT Vs. K.K. Enterprises reported as 108 DTR 109 by Hon'ble Rajasthan High Court and the Hon'ble Gujarat High Court in the case of CIT Vs. Parry Engineering and Electronics Pvt. Ltd. reported as 49 taxmann.com 252 has held that Civil work and installation and commissioning work of windmill are eligible for depreciation @80%.
Income Tax Appellate Tribunal - Pune Cites 4 - Cited by 0 - Full Document

Dcit Cc 3(1) Cen Rg 3A-9 Enercon Tower, ... vs Vaayu Infrastructure Llp, Mumbai on 28 March, 2018

In the case of CIT v/s Miraj Products Pvt. Ltd. (supra), the Hon'ble Rajasthan High Court while deciding identical issue relied upon the decision of the Hon'ble Gujarat High Court in CIT v/s Perry Engineering and Electronics Pvt. Ltd., and held that, since, the wind mill has to be fitted and mounted on a civil construction, such civil construction is integrally connected with the wind mill system and has to be considered as part of it. Therefore, the rate of depreciation applicable to wind mill would also apply to civil construction work. The same view has been expressed by the Co- ordinate Bench in case of assessee's sister concern as referred to above. Facts are identical in the present case also. There is no dispute that the civil construction on which the assessee has claimed depreciation at higher rate are the foundation work for installing the 5 Vaayu Infrastructure LLP wind mill generator. In fact, the Assessing Officer has also accepted the aforesaid factual position while referring to the decision of the Tribunal in case of assessee's sister concern and has restricted disallowance to 5% only for keeping the issue alive. In view of the settled position of law, we uphold the order of the learned Commissioner (Appeals) by dismissing the grounds raised.
Income Tax Appellate Tribunal - Mumbai Cites 2 - Cited by 1 - Full Document
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