commissioning are eligible
for the same depreciation rate as applicable for windmill
without appreciating that these are not the integral part of the
windmill without ... which the windmill cannot be worked.
2. Whether on the facts and circumstances of the case and in
law, the CIT(A) is justified
brief facts of the case are that the assessee has installed the
windmill and started operations for generating the power from
09/02/2007 ... However, due to heavy depreciation
claimed on the windmill, the assessee had made losses from the
undertaking and had not claimed any deduction
work and Civil work -
Rs.20,82,47,820/- required to erect Windmill as integrated cost of
Windmill eligible for @80% depreciation ... granting additional depreciation on Windmills
generating "Power for captive consumption in spite of complying the
provisions of sec. 32(1)(iia).
4 Serum Institute
export of shoes and
other allied activities. The assessee had a windmill and the opening WDV
was Rs.9,48,000/-. During the year ... assessee had sold the old
windmill which was in Karnataka to Enercon for Rs.3,22,83,654/- on 10-
11-2009. It had also
prescribed in
section 80IA(7) of the Act in respect of the Windmill Undertakings.
4.1 That the assessing officer erred on facts ... recognition of
revenue by the appellant in respect of the Windmill undertakings.
4.4 That the assessing officer erred on facts
80IA(5) of the Act. The assessee had set up first windmill in
assessment year 2006-07 and the second windmill in assessment year ... initial years, there were losses from windmill activity. The assessee was
simultaneously carrying on business of civil construction, from which the
assessee was making profits
period of 6 years as an incentive for establishing /
running windmill power generation units.
9. The Hon‟ble Supreme Court of India in the case ... generation and there was no
nexus of such receipts with that of windmill power generating. In reply, the
assessee explained that it was engaged
completely ignoring
the fact that the civil construction is integral part of windmill and is
eligible for higher rate of depreciation ... that the notional depreciation, which the assessee
had claimed on the said windmill before claiming deduction u/s.80IA in
first year
Chny/17
pharmaceuticals as well as windmills. Subsequently, the firm got split up into
two entities and only the windmill division subsequently got converted into ... entity was transferred to
another entity. These facts clearly prove that the windmill which has been
purchased by M/s. Kalyani Distribution Services
deleting the reference of Windmill Business and Windmill Business
Undertaking as appearing in any party of the Scheme, as if it were never
a part ... means and includes:
i. All the investments of the Demerged Company.
ii. Windmill business means "windmill business" comprising of all assets
(whether movables
