2014 (12) TMI 1185 - AT - Income Tax

Additional depreciation on windmill - Held that - The Hon ble Madras High Court in the case of CIT vs. Hi Tech Arai Ltd. (2009 (9) TMI 60 - MADRAS HIGH COURT ) has held that where the assessee has set up windmill in addition to some other existing business, and is engaged in the generation of electricity, the assessee is entitled to claim additional depreciation on the same. - Decided in favour of assessee

Summary

Issues:
1. Additional depreciation on windmill allowed by the Commissioner of Income Tax (Appeals).

Analysis:
The appeal before the Appellate Tribunal ITAT Chennai pertained to the issue of additional depreciation on windmill claimed by the assessee for the assessment year 2006-2007. The Revenue challenged the order of the Commissioner of Income Tax (Appeals) allowing the additional depreciation. The main contention was whether the assessee, engaged in the generation of power using wind energy, was eligible for claiming additional depreciation under section 32(1)(iia) of the Income Tax Act, 1961.

The Revenue argued that the assessee was not involved in the manufacturing or production of any article or thing as required by the Act. They relied on a decision of the Hon'ble Madras High Court in support of their position. On the other hand, the assessee's representative contended that the case fell within the purview of the Act based on precedents like the decisions of the Jurisdictional High Court and a co-ordinate bench of the Tribunal. The assessee sought dismissal of the Revenue's appeal.

After considering the submissions from both sides and reviewing the orders of the authorities below, the Tribunal examined whether the generation of electricity through windmills constituted a manufacturing activity. The Tribunal referenced a previous decision involving a similar issue and concluded that the generation of electricity was akin to manufacturing a new product. They highlighted that electricity is considered a good under the Sale of Goods Act, 1930, and the process of generating electricity qualifies as a manufacturing activity under section 32(1)(iia).

The Tribunal found that the issue at hand was analogous to previous cases where the assessee's entitlement to additional depreciation on windmills for generating electricity was upheld. Citing the decisions of the Hon'ble Madras High Court and the Tribunal, the Tribunal ruled in favor of the assessee, dismissing the Revenue's appeal as lacking merit. The judgment aligned with the established legal principles and interpretations regarding the eligibility for additional depreciation on windmills used for power generation.

In conclusion, the Appellate Tribunal upheld the order of the Commissioner of Income Tax (Appeals) and dismissed the Revenue's appeal concerning the allowance of additional depreciation on windmills, emphasizing the consistency of the decision with prior legal precedents and the statutory provisions of the Income Tax Act, 1961.