2002 (2) TMI 34

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..... Jaipur, under section 256(1) of the Income-tax Act, 1961, has sought the opinion of this court on the following question of law: "Whether, on the facts and in the circumstances of the case, the Income tax Appellate Tribunal was justified in law in holding that generator set falls within the category defined in clause (xiii) of item (10A) of Appendix I of the Income-tax Rules, 1962, and as such i .....

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..... nding of the Assessing Officer. However, the Income-tax Appellate Tribunal was of the view that the generator being a renewable energy device, the depreciation of 30 per cent. was allowable. In order to appreciate the controversy involved, it will be convenient to extract the relevant entry at clause (xiii) of item (10A) of Appendix I appended to the Income-tax Rules, which reads as follows: "Any .....

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..... o attached to electric generators. Even grammatically neither, nor the word "both" used after the word "pumps" in the relevant entry and this also clarifies that the condition running on wind energy is only attached to the word "pumps" and not to the electric generators. A further reading of the entry shows that it is inclusive, it refers to two different items, namely, electric generators and, se .....

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