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TMI Blog2021 (11) TMI 686X X X X Extracts X X X X X X X X Extracts X X X X ..... attacharjee, Adv. ...for the appellant. Mr. Rahul Tangri, Adv. Mr. Deepro Sen, Adv. ...for the respondent. The Court : This appeal of revenue filed under Section 260A of the Income Tax Act (the 'Act' in brevity) is directed against the order dated 15th September, 2016 passed by the Income Tax Appellate Tribunal, B-Bench, Kolkata (the 'Tribunal') in ITA No.1458/Kol/2015 for the assessment year 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2013, i.e. from the A.Y. 2013-14?" We have heard Mr. Tilak Mitra, learned counsel for the appellant assisted by Mr. Soumen Bhattacharjee, learned advocate and Mr. Rahul Tangri, learned counsel for the respondent assisted by Mr. Deepro Sen, learned advocate. The short question involved in this appeal is whether the respondent/assessee which generates electricity from thermal power is entitled fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court followed its earlier decision in Commissioner of Sales Tax, Madhya Pradesh, Indore vs. Madhya Pradesh Electricity Board, Jabalpur 1969(1)SCC 200. Therefore, the revenue cannot dispute the fact that the electricity needs to be construed as a movable property as it being capable of being transmitted and transferred etc. The next issue is whether the respondent/assessee would be entitled to a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ] 103 taxmann.com 398 (Delhi). In the light of the above, we hold that the respondent/assessee is entitled for additional depreciation under Section 32(1)(iia) of the Act. For the reasons, the appeal filed by the revenue is dismissed and the substantial question of law is answered against the revenue. As pointed out earlier, since the core issue has been decided in favour of the respondent/asses ..... X X X X Extracts X X X X X X X X Extracts X X X X
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