...of possession of windmill, by taking it to be movable property.5. It was agreed, that after purchase of the windmill, the petitioner could also purchase the land on which the windmills...immovable property, i.e, the land, therefore, the stamp duty was to be paid only for the value of the land and not windmills, being movable property.12. The request of petitioner was...contended, that in this case, it was proved on record, that the sale with regard to windmills, by treating it to be movable property was concluded much before registration of sale deed, as was clear...

...windmills has to be treated as movable property and the stamp duty was required to be assessed @ 3% and not 5% in view of Article 25(a) of Schedule I of the Maharashtra Stamps Act, 1958. The petitioner had...certificate with respect to sale of windmills. 4. The petitioner is an auction purchaser of the immovable property consisting of land along with windmills. Under an...auction proceeding sale certificate for land as well as windmills was issued in favour of the petitioner for a total sale price of Rs.12,36,00,000/-. Subsequently, two addendums to the original sale...

...") are sister concerns based at Tirupur. The respondents purchased 4 Windmills erected by M/s.Vishal Export Overseas in various villages in Udumalpet Taluk, Coimbatore District. The respondents...purchased the windmills along with the immovable property. The respondents made payment to the windmills and obtained receipt. The respondents prepared Sale Deeds relating to the respective immovable...property indicating the land value. However, in the Schedule to the documents, windmills were also shown as the transferred property. Similarly, in the signed statement given under the Stamp Act, the...

...and that continuous requests were sent to the Liquidator (i.e., Applicant herein) to mobilize bidders who can buy the windmills to dispose the same. It is submitted that the Respondent Bank did not...is further submitted that, the Auction dated 24/08/2022 was also successful as the remaining 3 Windmills i.e., Windmill WEGT 16 at Sy. No. 454/2(P) situated at Vallanadhi Village, Andipati Taluq.../- (Rupees Two Crore Eighty Four Lakhs Only) out of which the Auction Purchaser No. 1 paid Rs. 2,12,75,000 (Rupees Two Crore Twelve Lakh Seventy Five Thousands Only) for the value of the Windmills i.e...

...Registration and the Sub Registrar (2013 (2) CTC 551), while deciding whether setting up of windmills can be treated as movable property for the...Sri Velayuthaswamy Spinning Mills v. The Inspector General of Registration and the Sub Registrar, wherein it was held that windmills qualify as movable property. The AA...)- In the Velayuthaswamy case the issue was whether setting up of windmills can be treated as movable property for the purpose of payment of stamp duty. It was decided that windmills were installed on...

..., windmills were exempted from payment of sales tax. The provision for exemption is contained in Section 8 of the Act which reads as under:“8. Exemption of tax.—(1) No tax.... Fifth Schedule to the Act gives list of various kinds of goods which are entitled to exemption. As mentioned above, insofar as windmills are concerned, relevant entry is at Serial No. 57 which is as...follows:“57. Windmills and any specially designed devices which run exclusively on wind power including electric generators and pumps running on wind energy...

...(2013 (2) CTC 551), while deciding whether setting up of windmills can be treated as movable property for the purpose of payment of stamp duty, held that ...cemented platform on the land for running of windmills and not for the benefit of the land, and hence the same are to be considered as movable property. The judgment was passed on the basis of the...whether setting up of windmills can be treated as movable property for the purpose of payment of stamp duty. It was decided that windmills were installed on the cemented platform on the land for running...

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...manufacturing and selling of commercial vehicles. The assessee also owns and operates eighty six (86) windmills with an aggregate installed capacity of 25.5 MW of power. During the year, the assessee...'ALWEL' or 'buyer'] which was exclusively engaged in development, maintenance and operation of windmills. The intent of the buyer to acquire the windmill division was to generate synergies as its...overall installed power capacity would increase. Taking us through the said agreement, the Ld. AR pointed out that, all the immovable & movable assets connected with the undertaking along with the...

...manufacturing and selling of commercial vehicles. The assessee also owns and operates eighty six (86) windmills with an aggregate installed capacity of 25.5 MW of power. During the year, the assessee...'ALWEL' or 'buyer'] which was exclusively engaged in development, maintenance and operation of windmills. The intent of the buyer to acquire the windmill division was to generate synergies as its...overall installed power capacity would increase. Taking us through the said agreement, the Ld. AR pointed out that, all the immovable & movable assets connected with the undertaking along with the...

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...side of the factory from where one can easily enter into the factory premises and it was further found that entire factory premises are lying open and other machineries and movable items are also lying...years lease and the Company owned three windmills situated at Kadoli and Nani Sindhoi and the same have already been disposed of after taking prior approval of the bank/financial institution with whom...the windmills were charged and the amount realized from the sale of the windmills was adjusted with the due of the bank/financial institution. Said Statement made by Ex-Director of the Company has...

...income of Rs.79,06,340/-. In the course of assessment proceedings, the Assessing Officer noticed that the assessee has purchased certain windmills to the tune of Rs. 1,17,33,88,103/- during the year on...the windmills so installed converts wind energy into electric energy, it is certainly an activity of 'manufacture' because the wind energy is converted into totally different form i.e. electric...contentions of the assessee that electricity produced by operating windmills falls under expression 'article or thing'. The Assessing Officer also observed that additional depreciation is available only to...

....] IN THE MATTER OF: MEL Windmills Pvt. Ltd. Having its registered office at #28 (Old No. 485), 10thCross, 15thMain RMV, S..., West Wing, 3rdFloor, No. 49, Race Course Raod, Bangalore - 560001. Karnataka, India. 2. MEL Windmills Pvt. Ltd., Having.... …Appellant Vs 1. MEL Windmills Pvt. Ltd., Having its registered office at #28 (Old No. 485), 10thCross...

...movable assets which the ld. ITA No.1388 & 1647/2015. :- 4 -: Assessing Officer has disputed and sent letter dated 14.03.2013 and in compliance the reply was filed on the query of...being 24 Nos. of windmills and land and the slump sale is nothing but transfer of whole or part of business concern as a going concern as lock, stock and barrel. As per the...methodology of calculation of long term gain gains on land =11,94,569/- and short term capital gains on windmills =11,77,17,195/- referred at page 4 of his order and relied on the definition of provisions...

...movable assets which the ld. ITA No.1388 & 1647/2015. :- 4 -: Assessing Officer has disputed and sent letter dated 14.03.2013 and in compliance the reply was filed on the query of...being 24 Nos. of windmills and land and the slump sale is nothing but transfer of whole or part of business concern as a going concern as lock, stock and barrel. As per the...methodology of calculation of long term gain gains on land =11,94,569/- and short term capital gains on windmills =11,77,17,195/- referred at page 4 of his order and relied on the definition of provisions...

...purpose or for any other purpose, the Wind Energy Technology or its designs, drawings, etc. over the Wind Energy Division including the immovable property and movable properties and other permanent..., selling, importing, exporting, supplying and dealing in all kinds of power generation equipments including wind turbine generators, windmills and turbines, hydro-turbines, thermal turbines, solar...

...movable assets which the ld. ITA No.1388 & 1647/2015. :- 4 -: Assessing Officer has disputed and sent letter dated 14.03.2013 and in compliance the reply was filed on the query of...being 24 Nos. of windmills and land and the slump sale is nothing but transfer of whole or part of business concern as a going concern as lock, stock and barrel. As per the...methodology of calculation of long term gain gains on land =11,94,569/- and short term capital gains on windmills =11,77,17,195/- referred at page 4 of his order and relied on the definition of provisions...

...movable assets which the ld. ITA No.1388 & 1647/2015. :- 4 -: Assessing Officer has disputed and sent letter dated 14.03.2013 and in compliance the reply was filed on the query of...being 24 Nos. of windmills and land and the slump sale is nothing but transfer of whole or part of business concern as a going concern as lock, stock and barrel. As per the...methodology of calculation of long term gain gains on land =11,94,569/- and short term capital gains on windmills =11,77,17,195/- referred at page 4 of his order and relied on the definition of provisions...