COMMISSIONER OF INCOME TAX Vs. K.K. ENTERPRISES

JUDGEMENT

(1.) THESE two appeals preferred by the revenue are having a common question for our consideration in the terms that "whether the assessees are rightly declared entitled by the ITAT and the CIT(A) to have depreciation as per Appendix -1 to the Income Tax Rules, 1962 for the cost incurred in civil work and foundation, electrical items, components in installation and common power evacuation while installing windmills -

(2.) THE Assessing Officer determined total income of the appellants by disallowing the depreciation for the cost incurred in civil work, foundation, electrical components, installation and common power evacuation while installing windmills by holding that the items aforesaid are not covered within the term "windmills and specially designed devises which run on windmills".

(3.) LEARNED counsel for the revenue submits that as per Appendix -1(iii)(8)(xiii), the depreciation is allowed only for windmills and in any specially designed devises which run on windmills and not to the other attached items, thus, the findings arrived by the CIT(A) and ITAT, Jodhpur are erroneous.