2009 (10) TMI 140 - HC - Income Tax

Whether Tribunal was right in law in granting additional depreciation on the wind mills installed by the assessee, even though the assessee was engaged in the business of production of agricultural motors and pump sets, and the wind mill was not purchased in the context core business, so the exemption contemplated under section 32(1)(iia) cannot be granted as per the Income-tax Act, 1961? - The only issue for consideration in this case is, whether the Commissioner of Income-tax (Appeals) is justified in confirming the disallowance made by the assessing authority on additional depreciation claim on the new wind mills installed by the assessee by overlooking the conditions prescribed under section 32(1)(iia) of the Income-tax Act. - we are of the view that the order of the Tribunal requires no interference at our hands and the appeal has to be dismissed and accordingly the same is dismissed

Summary

Issues Involved:
- Disallowance of additional depreciation claim on wind mills installed by the assessee
- Interpretation of conditions under section 32(1)(iia) of the Income-tax Act
- Justification of the Commissioner of Income-tax (Appeals) in confirming the disallowance made by the assessing authority
- Consideration of whether installation of wind mills increased the capacity of the core business of the assessee

Analysis:

1. The primary issue in this case revolves around the disallowance of the additional depreciation claim on new wind mills installed by the assessee. The Revenue appealed against the order of the Income-tax Appellate Tribunal, questioning the grant of additional depreciation on wind mills not directly related to the assessee's core business of production of agricultural motors and pump sets. The central question was whether the installation of wind mills for electricity generation warranted additional depreciation under section 32(1)(iia) of the Income-tax Act.

2. The critical consideration was whether the Commissioner of Income-tax (Appeals) was justified in confirming the disallowance of the additional depreciation claim. The assessing authority had disallowed the claim, emphasizing that the installation of wind mills did not increase the capacity of the assessee's primary business of manufacturing investment castings. The assessee argued that the generation of electricity through windmills constituted a separate industrial undertaking, distinct from the investment casting business.

3. The facts presented highlighted that the assessee was engaged in investment castings for export and electricity generation from wind mills. The Assessing Officer disallowed the additional depreciation claim, asserting that the wind mills did not enhance the capacity of the investment casting business. However, the Tribunal observed that the installation of new wind mills had significantly increased the electricity generation capacity, surpassing the 50% threshold, which aligned with the conditions specified under section 32(1)(iia).

4. The Tribunal's decision was influenced by a precedent involving Hi Tech Arai Limited, where a similar issue was addressed. The Tribunal in that case upheld the claim for additional depreciation on wind mills, emphasizing that the generation of electricity through wind energy fulfilled the statutory requirements for claiming additional depreciation. The Tribunal's reliance on this precedent reinforced the assessee's position that the increased electricity generation capacity warranted the additional depreciation claim, irrespective of its direct connection to the investment casting business.

5. Considering the consistent interpretation of the law and precedents favoring the allowance of additional depreciation for increased electricity generation capacity through wind mills, the Court dismissed the Revenue's appeal. The Court affirmed that the installation of wind mills, leading to a substantial rise in power generation capacity, satisfied the conditions stipulated under section 32(1)(iia) of the Income-tax Act. Consequently, the Tribunal's decision in favor of the assessee was upheld, emphasizing the legal entitlement to claim additional depreciation based on the enhanced electricity generation capacity.