TMI Blog2019 (4) TMI 978X X X X Extracts X X X X X X X X Extracts X X X X ..... essentially point to the fact whether such disallowance at all was justified in view of sub Section (2) of Section 14A of the Act. This question is, therefore, not considered. Additional depreciation of installation of windmill in terms of Section 32(1)(iia) - Assessee being engaged in manufacture of articles and things, such additional depreciation would be admissible, whether the installatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... long as the Assesse is engaged in such activity. - INCOME TAX APPEAL NO.275 OF 2017 - - - Dated:- 9-4-2019 - AKIL KURESHI And SARANG V. KOTWAL, JJ. Mr. Sham Walve for Appellant. Mr. Percy Pardiwalla, Senior Advocate a/w Mr. Nitesh Joshi i/b Mr. Atul Jasani for Respondent. ORDER P. C. : 1. The Revenue is in Appeal against the Judgment of the Income Tax Appellate Trib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on, can be applied in Assessment Years prior to A.Y. 2013 14 ? 2. Question No.(i) pertains to the disallowance of expenditure made by the Assessing Officer under Section 14A read with 8D of the Income Tax Rules. The Tribunal, by the impugned Judgment, retained only a portion thereof. The Revenue contends that once the disallowance is made in terms of Rule 8D, the Tribunal cannot provide fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... city amounts to production of goods. 4. Learned Counsel for the Assessee correctly pointed out that the Supreme Court in the case of Commissioner of Sales Tax, Madhya Pradesh, Indore Vs. Madhya Pradesh Electricity Board, Jabalpur AIR 1970 SC 732 has held that electricity is goods within the meaning of the Sales Tax Act and the Excise Act. We do not find any reason to interfere with the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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