1991 (5) TMI 36

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..... S. SODHI J. -The matter here concerns the assessee's claim for initial depreciation under section 32(1)(vi) of the Income-tax Act, 1961, in respect of an electric generator installed by it for its business. The assessee, Messrs. Dalmia Biscuits Limited, Rajpura, derives its income from manufacture and sale of biscuits. During the relevant assessment year 1976-77, the assessee installed and co....

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....the process of manufacture of its own products ?" The question posed has indeed to be answered in the affirmative, in favour of the Revenue and against the assessee in view of the clear and plain interpretation of the relevant statutory provision. The crucial words in section 32(1)(vi) of the Act are "new machinery or plant installed for purposes of business of generation or distribution of ele....

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....)(vi) and the assessee was thus entitled to the depreciation claimed. This is indeed a contention which cannot be sustained. It is a well-established rule of interpretation of statutes that every word of a statute has to be assumed to have been deliberately and consciously incorporated therein by the Legislature and has thus to be given a meaning and effect. Courts are, therefore, enjoined to avoi....