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TMI Blog2009 (10) TMI 140X X X X Extracts X X X X X X X X Extracts X X X X ..... ills 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 - 926 of 2009 - - - Dated:- 20-10-2009 - K. RAVIRAJA PANDIAN and M. M. SUNDRESH JJ. T. Ravikumar for the appellant. JUDGMENT K. RAVIRAJA PANDIAN J. By formulating the following question of law, the Revenue has come up by way of appeal against the order of the Income-tax Appellate Tribunal, "D" Bench, Chennai dated March 6, 2009 passed in I. T. A. No. 2083/Mds/2006 relating to the assessment year 2003-04. "Whether on the facts and in the circu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... precision using lost wax process and the same were used in various applications like orthopaedic implements (knee-joints), tin and can openers, water pipe joints, etc. and installation of new wind mill has not in any way increased the installed capacity of the assessee's plants and accordingly disallowed the additional depreciation. On appeal, the assessee has pleaded before the Commissioner of Income-tax (Appeals) that the Assessing Officer went wrong in not treating the generation of electricity by the windmills as a separate industrial undertaking and thereby erred in concluding that the installation of additional windmills did not increase the capacity of the investment casting, unit of the assessee. The claim of the assessee for additi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the windmills for generation of power and the installation of two new windmills has increased the capacity or generation of power by more than 50 per cent., then the view taken by the authorities is that the increase of the capacity should have been in the business of investment castings is not correct on the premise that when the assessee was already generating power for selling to electricity board then the installation of new windmills has definitely increased the capacity of the assessee in generation of power and is covered under the conditions prescribed under section 32(1)(iia). In order to give the relief sought for by the assessee the Tribunal relied on its own decision in the case of Hi Tech Arai Limited in which the Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this court and this court by order September 1, 2009, in T. C. Appeals Nos. 670 and 671 of 2009 CIT v. Hi Tech Arai Ltd. [2010] 321 ITR 477, dismissed the appeal filed by the Revenue, in which also, a question of law identical to the one, which is formulated in this case, has been formulated and put in issue before the court and the Division Bench held as follows (page 479): "5. In the case on hand, the assessee is stated to have set up two wind mills in addition to the already existing four wind mills and thereby increased its power generation capacity by above 50 per cent. It is true that the assessee is a company engaged in the business of manufacture of oil seeds, moulded rubber parts, reed value assemblies apart from generation o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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