2015 (10) TMI 1899 - AT - Income Tax

Additional depreciation - generation of power - Held that - As decided in CIT vs. Hi Tech Arai Ltd. 2009 (9) TMI 60 - MADRAS HIGH COURT 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 We find that the claim made by assessee on account of additional depreciation is allowable, no interference is called for in the order of CIT(A), and therefore same is upheld. The AO is directed to allow additional depreciation u/s 32(1)(iia) of the Act. All of the grounds raised by Revenue are dismissed. - Decided in favour of assessee.

Summary

Issues:
1. Interpretation of Section 80I with respect to power generation.
2. Eligibility of additional depreciation for power generation prior to 01.04.2013.

Analysis:
1. Interpretation of Section 80I:
The Revenue challenged the CIT(A)'s order regarding Section 80I, arguing that power generation does not fit within the definition of "article" and therefore should not be considered for benefits under this section. The Revenue contended that the term "article" should not encompass power generation as it does not align with the usual understanding of manufacturing or production. The Revenue highlighted that electricity was not classified as "goods" in certain judgments related to sales tax laws. However, the Tribunal upheld the CIT(A)'s decision, emphasizing that electricity, being a tradable, measurable, and storable commodity, qualifies as an "article or thing" under Section 80I. The Tribunal referenced various legal precedents to support this interpretation, ultimately dismissing the Revenue's appeal.

2. Eligibility of Additional Depreciation:
The Revenue disputed the allowance of additional depreciation for power generation before 01.04.2013, citing Section 32(1)(iia). The Assessing Officer had disallowed the claim, arguing that electricity production did not fall under the definition of "article or thing." The CIT(A), however, allowed the depreciation, noting that electricity, being a tangible and tradable product, met the criteria for additional depreciation. The Tribunal concurred with the CIT(A) and emphasized that electricity generated by the assessee qualified as an "article or thing" eligible for additional depreciation. The Tribunal referenced previous judgments and the tax department's acceptance of similar claims in earlier years to support its decision. Consequently, the Tribunal dismissed the Revenue's appeal, directing the AO to allow the additional depreciation under Section 32(1)(iia).

In conclusion, the Tribunal upheld the CIT(A)'s decision on both issues, affirming that power generation, specifically electricity production, qualifies as an "article or thing" for the purposes of Section 80I and Section 32(1)(iia). The judgments cited and the tangible nature of electricity as a tradable commodity were pivotal in establishing the eligibility of the assessee for the claimed benefits.