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Section 32 r.w.s 43(6)(c): Vehicle Sale Profit Already Adjusted, No Separate Tax

Case Law Details

TaxGuru Citation
2025 taxguru.in 11761
Case Name
Suyog Electricals Ltd. Vs DCIT (ITAT Ahmedabad)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2018-2019
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Suyog Electricals Ltd. Vs DCIT (ITAT Ahmedabad)

Book Profit on Sale of Car Cannot Be Taxed Separately Once Sale Value Is Reduced from Block — Double Taxation Deleted Under Sec. 32 r.w.s. 43(6)(c)

In this appeal, Suyog Electricals Ltd. challenged the addition of ₹4,83,894/– treated as “profit on sale of fixed asset (vehicle)” brought to tax by the AO & confirmed by NFAC. The Assessee had originally filed return declaring income of ₹17.39 crore, later revised to include all entries. The case was selected for Limited Scrutiny on a completely different issue—expenditure by way of penalty/fine. The AO accepted the returned figures but while generating the computation sheet, assessed income became ₹17,43,90,590/– due to automatic inclusion of book profit on sale of vehicle.

Before CIT(A), the Assessee explained that the sold motor car formed part of the block of assets (Motor Cars – 15%). The sale consideration of ₹5,60,000/– had already been reduced from the block in accordance with Section 43(6)(c) & Rule 5. Since the net book value in books was ₹76,106/–, an accounting profit of ₹4,83,894/– arose, which was credited to the P&L as per accounting standards—but this profit was already neutralised in tax computation by reducing it from business income, consistent with the block-of-asset concept.

CIT(A) dismissed the claim stating that no revised computation or supporting reconciliation was placed before him.

Before Tribunal, the Assessee produced the ITR depreciation schedule showing reduction of ₹5,60,000/– from the block and the vehicle ledger accounts. Tribunal noted that:

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 7,411

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