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TMI Blog2018 (11) TMI 1907X X X X Extracts X X X X X X X X Extracts X X X X ..... . 32(1)(iia) of the Income Tax Act, 1961 [herein after referred to as 'Act']. For this, Revenue has raised identically worded grounds in both the cases of assessee. The facts and circumstances are also exactly identical and hence, we will take the grounds from ITA No. 7252/Mum/2016. The grounds raised by Revenue are as under: "1. On the facts and in the circumstances of the case and in law, the Ld. CIT (A) has erred by allowing the additional depreciation for wind mills u/s. 32(1)(iia) for AY. 2011-12, when the same is allowed as per the provision of the Act and Memorandum to the Finance Act, 2012 in relation to AY. 2013-14 and subsequent assessment years only. 2. On the facts and in the circumstances of the case and in law, the Ld. CI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imed depreciation in AY. 2011-12. The additional depreciation was claimed u/s. 32(1)(iia) of the Act for the reason that the assessee is engaged in manufacturing/production of any article or thing and this new Plant & Machinery was acquired before and installed before 31-03-2010. The CIT(A) followed the order of the ITAT in AY. 2010-11 in ITA No. 4899/Mum/2014, order dated 26-08-2016 in assessee's own case. 5. We find that this issue is squarely covered by the decision of Co-ordinate Bench of this Tribunal in assessee's own case, wherein it was held as under: "2.1 Next issue is with regard to additional depreciation of Rs.2,19,29,891/- on two windmills acquired and installed by assessee during the year, which was confirmed by CIT(A). As ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... preme Court in case of CST vs. M.P. Electricity Board (AIR 1970 SC 732), held that the electricity generated by an assessee is an article or goods. The explanation to amendments (memorandum) as inserted by Finance Act, 2012 as relied upon by CIT(A) cannot be said to overrule and earlier decision of Hon'ble High Court. An amendment that has prospective application cannot be said to retrospectively take away the rights of an assessee qua it's explanatory notes. Where there is no ambiguity in the Section, there is no warrant for resort to external aids of interpretation namely the notes on clauses and the memorandum explaining its provisions. In the light of decision of VTM Ltd.(supra) with regard to claim of additional depreciation u/s.32(1)( ..... X X X X Extracts X X X X X X X X Extracts X X X X
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