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2016 (3) TMI 1183 - AT - Income TaxDisallowance of additional depreciation on windmill - A.O. disallowed the claim for the reason that the wind power generator does not result into the manufacture or production of article or thing - Held that:- As far as application of section 32(1)(iia) of the Act, is concerned, what is required to be satisfied in order to claim the additional depreciation is that the setting up of a new machinery or plant should have been acquired and installed after 31-3-2002 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 up to 31-3-2002 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 power industry, namely, manufacture of oil seeds etc. is totally not germane to the specific provision contained in section 32(1)(iia) of the Act. See The DCIT vs. M/s. Diamines and Chemicals Ltd [2013 (5) TMI 933 - ITAT AHMEDABAD] - Decided against revenue.
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