The Tax Publishers2012 TaxPub(DT) 1664 (Jod-Trib) : (2012) 045 (II) ITCL 0381

Income Tax Act, 1961

--Depreciation--Additional depreciation Allowing depreciation on windmill as well as additional depreciation under section 32(1)(ii)(a)--AO allowed depreciation on windmill as well as additional depreciation under section 32(1)(ii)(a). CIT recorded finding that order of assessing officer was erroneous and prejudicial to interest of revenue. It was the contention of CIT that since depreciation on windmill was being given under section 32(1)(ii)(a), therefore additional depreciation was not allowable. Held: Additional depreciation is allowable in case of any new machinery or plant which is acquired or installed by assessee engaged in business of manufacturing or production of an article or things. It is nowhere mentioned that machinery or plant acquired by assessee should be a plant or machinery utiliszed in business or manufacturing or production of article or things. Requirements of section 32(1)(ii)(a) are satisfied. Moreover assessing officer took one of the possible views. Therefore order could not be considered erroneous or prejudicial to interest of revenue. Order of CIT cancelled (Para 2,3)

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