Pune ITAT third member
rules that process of generation of electricity through windmill
amounts to ‘manufacture or production of article or thing’ as
contemplated u/s 32(1)(iia), allows assessee’s ‘additional
depreciation ’ claim on windmills for AYs 2011-12 & 2012-13;
During relevant AYs, apart from claiming accelerated depreciation @ 80% u/s.
32(1)(i) (available to power generation companies), assessee also claimed
additional depreciation @ 20% u/s. 32(1)(iia), accepts assessee’s
stand that conversion of wind energy into electric energy by windmill
amounts to ‘manufacture ’ as contemplated u/s 32 (1)(iia), relies on
Madras HC ruling in Atlas Export Enterprises; Third member dissents with
Accountant member view that in light of ‘substantive’ amendment made by Finance
Act 2012 to extend & include activity of ‘generation of power’ under the
ambit of Sec 32(1)(iia) with effect from April 1, 2013, benefit of
initial depreciation/ additional depreciation could not be extended to
windmills acquired prior to AY 2013-14; Third member agrees with
Judicial member view that amendment brought to Sec. 32(1)(iia) was
clarificatory and not ‘substantive’ in nature, accordingly was retrospective in
application:ITAT
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