DCIT, CHENNAI vs. INDOWIND ENERGY LIMITED, CHENNAI

This appeal of the Revenue is directed against the order of the Commissioner of Income Tax (Appeals)-6, Chennai, dated 27.02.2017 and pertains to assessment year 2010-11.

The only issue arises for consideration is with regard to disallowance on the claim of excess depreciation under MAT computation.

We heard Shri N. Madhavan, the Ld. Departmental Representative and Shri S. Sridhar, the Ld.counsel for the assessee. From the order of the CIT(Appeals) it appears that in the assessee's own case for assessment year 2008-09 in & 937/Mds/2015, this Tribunal considered an identical issue and a similar claim of the assessee was allowed by this Tribunal. The only objection of the Ld. D.R. before this Tribunal is that there was a circular issued by the CBDT in Circular No.2/89 dated 07.03.1989. A perusal of the above order of this Tribunal clearly shows that this Tribunal has considered the circular said to be issued by the CBDT while deciding the issue.

In view of the above, this Tribunal does not find any reason to interfere with the order of the lower authority and accordingly the same is confirmed.

In the result, the appeal filed by the Revenue is dismissed.