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In favour of assessee.By referring to the decision of the Constitution Bench, it was pointed out that electricity is capable of abstraction, transmission, transfer, delivery, possession, consumption and use like any other movable property. Following the same logic, to deny the benefit of additional depreciation to generating entity on the basis of electricity is not an “article” or “thing”, is an artificially restrictive meaning of the provision and the benefit of additional depreciation under Section 32(1)(iia) has to be granted to the assessee. This decision will fully apply to the facts of the present case and consequently, it has to be held that the assessee is entitled for additional depreciation as well.

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Sec. 32 of Income Tax Act, 1961 - Depreciation - Appellant/assessee filed Appeals against the common order of Tribunal in rejecting the claim of deprecitation on the wind mill even though the said wind mill was commissioned as well as started generation of electricity based on the materials placed on record. High Court allowed the appeal of the appellant/assessee holding that ”even trial production machineries kept ready for use etc., were considered to be used for the purpose of business to qualify for depreciation“. - TENZING MATCH WORKS V/s DEPUTY CIT - [2020] 423 ITR 312 (MAD)

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