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TMI Blog2014 (12) TMI 1185X X X X Extracts X X X X X X X X Extracts X X X X ..... t: Saroj Kumar Parida (Adv.) ORDER Vikas Awasthy (Judicial Member) The appeal has been filed by the Revenue against the order of Commissioner of Income Tax (Appeals), Tiruchirappalli, dated 23.10.2013 for the assessment year 2006-2007. The only issue raised by the Revenue in appeal is additional depreciation on windmill allowed by the Commissioner of Income Tax (Appeals). 2. The assessee is a firm engaged in manufacture and export of textile goods and generation of power using wind energy. The assessee in its return of income for the assessment year 2006-2007 claimed additional depreciation on windmill to the tune of C35,97,603/. The Assessing Officer vide assessment order dated 13.12.2010 rejected the claim of additional d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lf of the assessee vehemently defended the order of the Commissioner of Income Tax (Appeals) and submitted that the case of the assessee is squarely covered by the decision of Jurisdictional High Court in the case of CIT vs . M/s . H i Tech Arai Limited and the order of the co-ordinate bench of the Tribunal in the case of ER. R. Ramasamy in ITA Nos.162 163/Mds/2014 decided on 09.04.2014. The learned Authorised Representative of the assessee prayed for dismissing the appeal of the Revenue. 5. Both sides heard. Orders of the authorities below perused. The only issue in the appeal is whether the assessee is eligible for claiming additional deprecation on windmill. We find that the issue in appeal is identical to the one adjudicated by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has held that electricity falls within the definition of goods under the provisions of Sale of Goods Act, 1930. The Delhi Bench of the Tribunal in the case of NTPC Ltd. (supra) after a detailed examination of several judgements, Acts, Constitution of India, has concluded that the process of generation of electricity is akin to manufacture of an article or thing. 10. In view of the above, we are of the considered opinion that generation of electricity is a manufacturing activity. The assessee is involved in the manufacturing activity and fulfills the conditions as laid down under section 32(1)(iia). The Government vide Finance Act, 2012 has amended the provisions of section 32(1)(iia) to include the business of generation or generation ..... X X X X Extracts X X X X X X X X Extracts X X X X
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