PRINCIPAL COMMISSIONER OF INCOME TAX DELHI-1 vs. M/S. CLEAN WIND POWER (MANVI) PVT. LTD.

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ITA - 268 / 2024HC Delhi10 May 20242 pages
For Petitioner: PRASHANT MEHARCHANDANI
AI SummaryPartly Allowed

What did the High Court hold?

The High Court admitted the appeals for further consideration, noting that while other High Courts had ruled on the issue, the Delhi High Court had not yet rendered a judgment.

What were the facts?

The appeals were filed by the Principal Commissioner of Income Tax against an order of the ITAT. There was a delay in re-filing the appeals, which was condoned by the High Court.

What were the issues?

The key legal issue is whether the ITAT erred in allowing depreciation at 80% on land, civil works, pooling stations, and EHV lines.

Which sections of the Income-tax Act were involved?

Not specified

AI-generated summary — verify with the full judgment below

$~78 & 80 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 268/2024

PRINCIPAL COMMISSIONER OF INCOME TAX DELHI-1 ..... Appellant

Through: Mr. Prashant Meharchandani,

Sr. SC alongwith Mr. Akshat

Singh, Jr. SC with Ms. Ritika

Vohra and Mr. Utkarsh

Kandpal, Advocates

Versus

M/S. CLEAN WIND POWER (MANVI) PVT. LTD. ..... Respondent

Through: Dr. Rakesh Gupta, Mr. Somil

Agarwal, Mr. Dushyant

Agrawal and Mr. Prateek Bhati,

Advocates 80 + ITA 270/2024

PRINCIPAL COMMISSIONER OF INCOME TAX DELHI-1 ..... Appellant

Through: Mr. Prashant Meharchandani,

Sr. SC alongwith Mr. Akshat

Singh, Jr. SC with Ms. Ritika

Vohra and Mr. Utkarsh

Kandpal, Advocates

Versus

M/S. CLEAN WIND POWER (MANVI) PVT. LTD. ..... Respondent

Through: Dr. Rakesh Gupta, Mr. Somil

Agarwal, Mr. Dushyant

Agrawal and Mr. Prateek Bhati,

Advocates

CORAM:

HON'BLE MR. JUSTICE YASHWANT VARMA

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR

KAURAV

O R D E R %

10.05.2024

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 13:12:28

CM APPL 27911/2024 (delay in re-filing) in ITA 268/2024 CM APPL 27916/2024 (delay in re-filing) in ITA 270/2024

Bearing in the mind the disclosures made, the delay of 68 days in re-filing the appeals is condoned.

The applications shall stand disposed of. ITA 268/2024 ITA 270/2024

1.

Having heard Mr. Meharchandani, learned counsel appearing for the appellant and Mr. Gupta, learned counsel appearing for the respondent, we are of the considered opinion that the appeal would merit further consideration. 2. We take note of the view that had been expressed by the Bombay, Rajasthan and Punjab & Haryana High Courts on the question which stands raised. However, and undisputedly there is no judgment rendered on the issue insofar as this Court is concerned. 3. Consequently, we admit the appeal on the following question of law:-

(a) Whether on the facts and circumstances of the case and in law, the Income Tax Appellate Tribunal [“ITAT”] has erred in allowing depreciation @ 80% on Land, Civil Work, Pooling Station, EHV Tower and EHV Lines?

4.

Let these appeals be called again on 02.09.2024.

YASHWANT VARMA, J.

PURUSHAINDRA KUMAR KAURAV, J. MAY 10, 2024/p’ma This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 13:12:28

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