(Areva T & D India Limited vs . on 28 January, 2020
Thus, for the purpose
of considering the relief of depreciation at 40%, this Court
remitted the matter back to the Assessing Officer for the
purpose of finding out whether recognition was granted to
the unit at Pondicherry as a separate unit and if the
material showed proves that the Pondicherry unit was
established as a separate unit then following the decision
reported in 203 ITR 614 [Commissioner of Income Tax vs.
Amco Batteries Ltd.], the assessee would be entitled to
claim depreciation at 40%, for which the assessee was
permitted to produce the Certificate of Registration as
regards the Pondicherry unit recognised as a separate unit
so as to enable the Assessing Officer to pass orders on
grant of relief as per the provisions of the Act.