Depreciation Rate applicable to wind mill would apply to civil foundation and electric turbine generator for wind mill

By this IT appeal, a challenge is made to the order of Tribunal date 28-2-2014 whereby the appeal preferred by the assessee was allowed.

2. Learned counselor the Revenue submits that rate of depreciation was an issue before the Tribunal but without proper appreciation of law as well as facts, the appeal was allowed in favour of the assessee. The assessee had claimed depreciation and additional depreciation in excess to the rate and was not otherwise admissible on a room constructed along with cost of erection and installation of electrical items covered under “Plant & Machinery” for a wind-mill.

3. Learned counsel for the appellant submits that controversy raised in the present case is pending consideration before this Court in other cases also. The Tribunal, however, allowed the appeal in reference to other judgments, which includes, the judgment in the case of Banswara Syntex Ltd. v. CIT in ITA No. 37/Jodh/2012.

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