CIT v. Mehru Electricals & Mechanical Engineers (P) Ltd.

CHANDRALEELA POWER ENERGY PVT. LTD.,JAIPUR vs. INCOME TAX OFFICER, WARD-6-3, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: : Shri Vijay Pal Rao, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 313/Jp/2019 Fu/Kzkj.K O"Kz@Assessment Year : 2012-13 Cuke M/S. Chandraleela Power Energy Pvt.Ltd The Ito Vs. G-51, Sitapura Industrial Area Ward- 6(3) Tonk Road,Jaipur Jaipur Lfkk;H Ys[Kk La-@Thvkbzvkj La-@ Pan/Gir No.: Aadcc 9647 D Vihykfkhz@Appellant Izr;Fkhz@Respo Ndent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Akhilesh Kumar Jain, Ca Jktlo Dh Vksj Ls@ Revenue By : Smt. Runi Paul, Jcit-Dr Lquokbz Dh Rkjh[K@ Date Of Hearing : 07/01/2020 ?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 02/03/2020 Vkns'K@ Order Per Vijay Pal Rao, Jm This Appeal By The Assessee Is Directed Against The Order Of Ld. Cit(A), Ajmer Dated 09-01-2019 For The Assessment Year 2012-13. The Assessee Has Raised The Following Grounds. ‘’1. The Ld. Cit(A) Has Erred In Law & Facts In Sustaining Action Of The Ao Of Not Treating Rs. 30,19,569/- Being Cost On Civil Engineering Work Carried Out For Laying Foundation Of Solar Power Panels & Proportionate Interest Thereon, As Cost Of Solar Power Plant & Thereby Curtailing

…ergy vs ITO , Ward- 6(3)Jaipur Enterprises [2014] 227 Taxman (Magz) 181 (Raj.). The ld.AR of the assessee submitted that Hon'ble Jurisdictional High Court has reiterated its view in the case of CIT vs Mehru Electricals & Mechanical Engineers (P) Ltd. [2016] 388 ITR 169 (Raj.). Thus in view of the judgement of Hon'ble Jurisdictional High Court in the case of CIT vs K.K. Enterprises (supra), the depreciation on cost of civil engineering works is part and parcel of the solar plants and is allowable at the rate as applicable on the solar plant itself. 2.5 On the other hand, the ld. DR submitted that the AO has cl…

ANAMIKA CONDUCTORS PVT. LTD.,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-6, JAIPUR

In the result, appeal of the assessee is allowed in part in terms indicated hereinabove

…electrical installation was found to be allowable by the ITAT vide order dated 26/10/2017. 5 ITA 266/JP/2019_ Anamika Conductors Vs ACIT Moreover, the Hon'ble Rajasthan High Court in the case of CIT Vs. Mehru Electricals & Mechanical Engineers (P) Ltd. (2016) 388 ITR 169 (Raj) has held that room constructed along with cost of erection and installation of electrical items are covered under plant and machinery for a wind Mill, entitled for depreciation at the same rate applicable to Wind Mill. Accordingly, respectfully following the judicial pronouncements, we direct the A.O. to allow claim of depreciation at 80% w…

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-6, JAIPUR vs. M/S. ANAMIKA CONDUCTORS LTD., JAIPUR

In the result, appeal of the Revenue is dismissed and cross objection of the assessee is allowed

…td., jaipur Ground of appeal in assessee’s cross-objection are as under: “(1) That ld. CIT(A), after appreciating the facts of the case and the law laid down by Hon’ble Jurisdictional High Court { CIT vs. Mehru Electricals & Mechanical Engg. (P) Ltd. (2016) 388 ITR 169 (Raj)} was legally correct in deleting the addition of Rs. 29,68,289/- on account of depreciation allowable @ 80% on civil construction and electric installation on the wind mills, which the ld. AO by avoiding it, raised ground before this Hon’ble ITAT. (2) That ld. CIT(A) was justified in deleting following additions for which ld. AO, without a…