2014 (7) TMI 986 - AT - Income Tax

Tribunal allows additional depreciation on windmill for power generation under IT Act

The Tribunal upheld the CIT(A)'s decision, allowing additional depreciation on a windmill used for power generation. Relying on precedents like CIT vs. Hi ... Additional depreciation on windmill for generation of power and electricity u/s 32(1)(iia) – Activity neither manufacture or production of any article or thing – Held that:- Following the decision in CIT vs. Hi Tech Arai Ltd. [2009 (9) TMI 60 - MADRAS HIGH COURT] – the provision does not state that the setting up of a new machinery or plant, which was acquired and installed up to 31st March, 2002 should have any operational connectivity to the article or thing that was already being manufactured by the assessee - the contention that the setting up of a wind mill has nothing to do with the industry, namely, manufacture of oil seeds etc. is totally not germane to the specific provision contained in s. 32(1)(iia) – Decided against Revenue. Issues involved:1. Additional depreciation on windmill for generation of power and electricity.2. Eligibility for additional depreciation under section 32(1)(iia) of the IT Act.3. Interpretation of relevant case laws supporting additional depreciation claims.Analysis:1. Additional Depreciation on Windmill:The appeal involved a dispute regarding the allowance of additional depreciation amounting to Rs. 34,97,760 on a windmill used for power and electricity generation. The Assessing Officer (A.O.) disallowed the claim, citing that electricity power does not qualify as a movable article or thing under section 32(1)(iia) of the Act. Consequently, the A.O. made an addition to the income of the assessee.2. Eligibility for Additional Depreciation:The assessee contested the A.O.'s decision before the Commissioner of Income Tax (Appeals) [CIT(A)], who allowed the appeal based on various precedents, including cases like CIT vs. Hi Tech Arai Ltd., CIT vs. VTM Ltd., and CIT vs. Texmo Precision Castings. The CIT(A) held that the additional depreciation on the windmill's cost was permissible. The Revenue challenged this decision before the Appellate Tribunal.3. Interpretation of Case Laws:During the proceedings, the Tribunal considered the judgments of the Hon'ble Madras High Court in the aforementioned cases. The High Court rulings emphasized that the setting up of new machinery or plant after a specified date by an assessee engaged in manufacturing or production qualifies for additional depreciation, irrespective of operational connectivity to existing products. The Tribunal, in line with the Madras High Court decisions, dismissed the Revenue's appeal and allowed the assessee's Cross Objection (C.O.).Therefore, the Tribunal upheld the CIT(A)'s decision, emphasizing that the windmill's installation by an entity already engaged in manufacturing activities warranted additional depreciation, as per the provisions of section 32(1)(iia) of the IT Act. The judgment highlighted the importance of legal precedents and statutory interpretation in determining tax implications related to depreciation claims on assets used for power generation.