Depreciation of the windmills purchased in the same year, prior to the date of search, should be granted in the regular assessment

CIT, Chennai Vs A R Mercantile Pvt. Ltd. (Madras High Court)- The Tribunal accepted the case of the assessee based on the letter issued by the Assistant Executive Engineer of the Tamilnadu Electricity Board, that the windmill was commissioned on 30.09.1995. Following the earlier order in the case of Assistant Commissioner of Income Tax Vs. Kences Foundation (P) Ltd [2006 (203) CTR (Mad) 249], wherein a similar relief was granted to the assessee, the present appeal of the assessee was allowed.

Given the fact that the issue regarding the commission of windmill on 30.9.1995 is disclosed in the books of accounts and calls for depreciation under the regular assessment year, in view of Section 158BB(1)(d) of the Income Tax Act, 1961, we do not find any ground to consider the said issue, as a question of law. The Tax Case Appeal stands dismissed.   

CIT, Chennai Vs A R Mercantile Pvt Ltd

Madras high Court

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