2015 (7) TMI 107

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..... R PER V. DURGA RAO, JUDICIAL MEMBER: These two appeals filed by the Revenue, pertaining to same assessee, are directed against separate orders of the Commissioner of Income Tax (Appeals), Tiruchirappalli, both dated 07.10.2013 relevant to the assessment years 2005-06 and 2006-07. 2. The only issue involved in both the appeals of the Revenue is whether the assessee is entitled for claiming hig .....

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..... d by the Assessing Officer is totally irrelevant to the case of the appellant, as the construction of a dam or canal cannot be equated to the production of electricity through windmill. I find that the Hon. Madras High Court in the cases of "CIT Vs VTM Ltd" and "CIT Vs Hi Tech Arai Ltd", held as under: " As far as application of Section 32(i)(iia) of the Act is concerned, what is required to be .....

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..... e Hon. Madras High Court in the case of "CIT vs. VTM Ltd." was dismissed summarily by the Supreme Court, at the admission stage without any discussion on the issue. Since the Special Leave Petition filed by the Department was dismissed at the admission stage itself, I find that the verdict of the Hon. Madras High Court, which is in the favour of the appellant, is binding on the Department. Furthe .....

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