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2009 (10) TMI 140 - MADRAS HIGH COURT
“Whether Tribunal was right in law in granting additional depreciation on the wind mills installed by the assessee, even though the assessee was engaged in the business of production of agricultural motors and pump sets, and the wind mill was not purchased in the context core business, so the exemption contemplated under section 32(1)(iia) cannot be granted as per the Income-tax Act, 1961?” - The only issue for consideration in this case is, whether the Commissioner of Income-tax (Appeals) is justified in confirming the disallowance made by the assessing authority on additional depreciation claim on the new wind mills installed by the assessee by overlooking the conditions prescribed under section 32(1)(iia) of the Income-tax Act. - we are of the view that the order of the Tribunal requires no interference at our hands and the appeal has to be dismissed and accordingly the same is dismissed