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Additional depreciation cannot be denied to an entity engaged in business of generation and distribution of power
Case Law Details
- Case Name
- Pr. CIT Vs NTPC Sail Power Co. Pvt. Ltd. (Delhi High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2011-12
- Courts
- All High Courts, Delhi High Court
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Pr. CIT Vs NTPC Sail Power Co. Pvt. Ltd. (Delhi High Court)
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 a generating entity on the basis that electricity is not an ‘article’ or ‘thing’ is in our view an artificially restrictive meaning of the provision. The benefit of additional depreciation under Section 32(1)(iia) has, therefore, been rightly granted to the assessee by the concurrent judgments of the ...




