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2022 (7) TMI 167 - AT - Income TaxAdditional depreciation u/s 32(1)(iia) - depreciation for wind mills - HELD THAT:- We make it clear that the assessee has already been granted normal depreciation on the corresponding fixed asset i.e. windmill(s) since the instant appeal is only concerned with additional depreciation issue. A perusal of Assessing Officer’s assessment order reveals that the assessee is in windmill’s power generation business at least since A.Y. 2008-09. We therefore reject the Revenue’s argument that it is not entitled for the impugned additional depreciation claim pertaining to installation of air-conditioning unit since going against the facts on record. Most significant aspect of entitlement of assessee’s additional depreciation claim which has been rejected by the lower authorities on the ground that the same is applicable only with effect from 1.4.2013 whereas we are in A.Y. 2012-13 only. This tribunal’s co-ordinate bench order for A.Y. 2011-12 in ACIT vs. Shri Atul Shivdas Ganatra (HUF) [2018 (11) TMI 1907 - ITAT MUMBAI] allowed assessee claim - Decided against revenue.
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