TMI Blog2014 (7) TMI 986X X X X Extracts X X X X X X X X Extracts X X X X ..... ds etc. is totally not germane to the specific provision contained in s. 32(1)(iia) – Decided against Revenue. - ITA No.474/Ahd/2011 & CO No.64/Ahd/2011 - - - Dated:- 29-4-2014 - Kul Bharat And T R Meena, JJ. For the Appellant : Shri Raj Mehra, Sr. DR For the Respondent : Shri N C Amin, AR ORDER PER : Shri T.R.Meena This appeal at the behest of Revenue and C.O. at the behest of assessee filed, which have emanated from the orders of CIT(A)-VI, Ahmedabad, dated 03.01.2011 for A.Y. 2007-08. Both were heard together and are being disposed of by way of this common order for the sake of convenience. Revenue s appeal is against allowing the additional depreciation of ₹ 34,97,760/- on wind mill for generation of pow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have been relied before the CIT(A) and requested to confirm the order of the CIT(A). 5. We have heard the rival contentions and perused the material on record. The ld. A.O. had not doubted the genuineness of the addition made in the block of assets disclosed in the balance sheet. The ld. CIT(A) had categorically given findings on all conditions laid down u/s. 32(1)(iia) of the IT Act. The Hon ble Madras High Court in case of CIT vs. Hi Tech Arai Ltd. (supra) held as under: It is true that the assessee is a company engaged in the business of manufacture of oil seeds, moulded rubber parts, reed value assemblies apart from generation of power. After the installation of the additional wind mills, both prior to as well as after the in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed and installed after 31st March, 2002 by an assessee, who was already engaged in the business of manufacture or production of any article or thing. The said provision does not state that the setting up of a new machinery or plant, which was acquired and installed upto 31st March, 2002 should have any operational connectivity to the article or thing that was already being manufactured by the assessee. Therefore, the contention that the setting up of a wind mill has nothing to do with the industry, namely, manufacture of oil seeds etc. is totally not germane to the specific provision contained in s. 32(1)(iia). It cannot also be said that setting up of a windmill will not fall within the expression setting up of a new machinery or plant. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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