2009 (9) TMI 60 - HC - Income Tax

Additional Depreciation - Wind Mills even though the main business of the assessee is not producing or generating of electricity – held that - It cannot also be said that setting up of a wind mill will not fall within the expression setting up of a new machinery or plant - When we find that the Tribunal has applied the law correctly in the impugned order, there is no gain saying that there was an earlier order by the Co-ordinate Bench and therefore, for that reason, this time also the Tribunal should have blindly followed its own earlier decision even if such earlier decision did not reflect the correct position of the law - 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. – Additional depreciation allowed.