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2017 (3) TMI 894 - HC - Income TaxDisallowance of additional depreciation at 10% of the cost of the windmill acquired and installed by the assessee - Held that:- It appears that the assessee – Company set up an industrial unit for production and manufacture of ceramic glaze tiles. The assessee also installed a windmill through which the production of electricity was done. It is not in dispute and cannot be disputed that as such the windmill installed by the assessee was in fact acquired and installed by the assessee for generation of electricity. It appears that out of the electricity generated, some electricity was used by GEB. For the aforesaid purpose control of plant and machinery was with the GEB. Merely because control of plant and machinery of the windmill was with GEB, it cannot be said that the assessee was not the owner of the windmill installed. The assessee shall not lose the character of owner solely on the ground that the plant and machinery of windmill was under the control of GEB. No error has been committed by the learned CIT(A), which has been confirmed by the learned tribunal, in allowing additional depreciation claimed by the assessee of ₹ 1,33,96,265/- at 10% of the cost of windmill installed by the assessee under Section 32(1)(iia) of the Act. - Decided n favour of assessee
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