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2019 (8) TMI 658 - HC - Income TaxAdditional depreciation claimed on plants and machinery installed in the Captive Power Plant u/s.32(1)(ii) - HELD THAT:- The issue raised by the Revenue is no longer resintegra in view of a decision of the Delhi High Court in the case of Pr. CIT Vs. NTPC Sail Power Co. (P.) Ltd. [2019 (3) TMI 207 - DELHI HIGH COURT]. High Court also took note of the fact that with effect from 01.04.2013, the provision i.e. Section 32 of the Act has been amended by the Finance Act, 2012 and the assessee engaged in the generation of power has expressly been included in the ambit thereof. The Delhi High Court by placing reliance on Supreme Court decision State of Andhra Pradesh Vs. NTPC Ltd [2002 (4) TMI 694 - SUPREME COURT] ultimately took the view that the electricity has all the necessary trappings of “articles” or “things” and the benefit of additional depreciation cannot be denied. This Court in the case of CIT Vs. Diamines & Chemicals Ltd. [2013 (12) TMI 373 - GUJARAT HIGH COURT] held that what is required to be satisfied in order to claim additional depreciation is that the setting up of new machinery or plant should have been acquired and installed by an assessee, who was already engaged in the business of manufacture or production of any article or thing. In view of the aforesaid, no error not to speak of any error of law could be said to have been committed by the appellate tribunal in passing the impugned order - Decided against revenue.
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