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2022 (5) TMI 949 - ITAT DELHIDeduction u/s 80IA(8) - profits derived from the captive power plant/ undertaking - HELD THAT:- As decided in own case [2019 (10) TMI 991 - ITAT DELHI] for assessment year 2013-14 has already been dealt and decided by the co-ordinate Bench of this Tribunal and the same has been confirmed by the jurisdictional Hon'ble High Court [2019 (3) TMI 1886 - DELHI HIGH COURT] - Decided in favour of assessee. MAT computation u/s 115JB - Disallowance of depreciation while calculating book profit under Section 115JB - HELD THAT:- The similar issue has already been dealt and decided by the co-ordinate Bench of this Tribunal for assessment year 2009-10 in the own case find no infirmity in the order of the Id. CIT(A) directing the Assessing Officer to delete the various additions for computation of book profit u/s 115JB - We find the id. CIT(A) while directing the Assessing Officer to delete the various additions/disallowances made by him for computation of book profit u/s 115JB has relied on the decision of Apollo Tyres Ltd [2002 (5) TMI 5 - SUPREME COURT] DR ould not bring any material before us so as to take a contrary view than the view taken by the ld. CIT(A) on this issue. We, therefore, do not find any infirmity in the order of the Id. CIT(A) directing the Assessing Officer to delete the various additions/disallowances for computation of book profit u/s 115JB of the I.T. Act. We, therefore, uphold the order of the Id. CIT(A) on this issue and the grounds raised by the Revenue are dismissed. Additional depreciation on plant and machinery claimed under Section 32(1)(iia) - HELD THAT:- We have perused the assessee’s own case while dealing with the same issue for the assessment years 2006-07 to 2009 held that the amendment which has been brought in by the Finance (No.2) Act, 2012 e.w.f. assessment year 2013-14 whereby the assessee engaged in the business of generation or distribution of power have specifically been included and held eligible for claim of additional depreciation. It has been held by the Co-ordinate Benches of the Tribunal that even prior to the amendment brought in by the Finance Act. 2012, the assessee’s engaged in generation or generation or distribution of electricity were held to be eligible for additional depreciation. It was accordingly held that the assessee is entitled to additional depreciation. It was accordingly held that the assessee is entitled to additional depreciation on the power plant and the windmill installed during the year. In view of the above, we hold that the assessee is entitled to additional depreciation on account of production/generation of power. Rate of depreciation from 10% to 15% in respect of purchase of railway sidings by the assessee during the year under consideration - HELD THAT:- It is not in dispute that the assessee has claimed depreciation at 10% on the railway siding and during the assessment proceedings, claimed depreciation at 15% on the ground that railway sidings were used by the assessee for the purpose of the business ie: transporting raw-material machinery etc. The Assessing Officer has not dealt with the said issue, therefore, in our considered opinion; the said issue deserves to be remanded to the file of the Assessing Officer for fresh consideration by verifying all the records produced by the assessee. Accordingly, we allow the grounds of appeal No. 2 to 2.2 for statistical purposes
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