section 32

Rates of Depreciation as Per Income Tax Act, 1961

Income Tax - Rates of depreciation applicable for income tax purposes from assessment year 2003-04 to 2024-25. This guide includes rates for tangible and intangible assets, providing valuable insights for taxpayers....

Vehicle Expenses of vehicle used by Director Employees allowed

Income Tax - ITAT Pune Allows Depreciation and Maintenance Expenses on Vehicles Used by Director Employees as Business Expenses inM/s. Pushpak Steel Industries Pvt. Ltd. v. ACIT, Circle-10, Pune [ITA No. 301/PUN/2023 dated on May, 16, 2023]. Facts: M/s. Pushpak Steel Industries Pvt. Ltd. (“the Appellant/the Company”) has 2 vehicles which were used...

Toll Collection Rights – An intangible Asset

Income Tax - Toll Collection Rights are licenses granted to developers of public utility services, allowing them to collect tolls as a means to recoup their investments in the respective projects. According to Section 52 of the Indian Easements Act, 1882, a license is a permission granted by the property owner for specific activities on their immovabl...

Taxation Dilemma Resolved: Depreciation of Computer Accessories & Peripherals

Income Tax - Depreciation may be claimed under the Income Tax Act for purchases made by an assessee during the financial year in furniture, equipment, and machinery. For a corporate entity, depreciation on computers and computer resources may be a substantial source of corporate tax savings....

Integrated Desktop Computer cannot be classified as ‘portable device’

Income Tax - Held that, such goods cannot be classified as ‘portable’ for the reasons that their dimensions make it illogical and unviable for daily transit and the same needs to be transported along with the power cable as well as the applicable stand if it is to be mounted. Further, the consumer is unable to carry them around in the absence of a...

Fixed Asset Management Tool with Depreciation Calculator for Companies

Income Tax - Key Features of Fixed Asset Management Tool with Depreciation Calculator for Companies ♦ Line wise SLM and WDV Depreciation as per Companies Act 2013, ♦ Calculation of Depreciation under the Income Tax Act, ♦ Export of Tax Audit Data for Additions and Deletions during the Year ♦ Monthly Calculation for MIS...

Additional 15% depreciation on Motor Vehicles- No TDS on cash payments by APMCs

Income Tax - Addressing the concerns raised by Agriculture Produce Market Committees (APMCs), it has been decided not to levy the 2% TDS on cash payments above Rs 1 crore made through APMCs, in order to make immediate payments to farmers for their produce. Further to the announcement made by Smt@nsitharaman on 23-08-2019, an additional 15% depreciatio...

Depreciation in case of slump sale based on proportionate number of days by transferor and transferee company- Clarify legal position- ICAI

Income Tax - The proviso to section 32 provides that the aggregate deduction, in respect of depreciation of buildings, machinery, plant or furniture, being tangible assets or know how, patents, copyrights, trademarks, licenses, franchises or any other business or commercial rights of similar nature, being intangible assets allowable to the predecessor...

Brand names being intangible assets are amenable to depreciation u/s 32(1)(ii)

PCIT Vs Kuantum Papers Ltd. (Delhi High Court) - Delhi High Court held that ‘brand names’ falls within the scope of intangible assets and, accordingly, are amenable to deprecation under Section 32(1)(ii) of the Income Tax Act....

Settlement between parties cannot be directed by way of an order under IBC: NCLAT

Arun Kumar Vs Sripriya Kumar (NCLAT Chennai) - NCLAT Chennai held that any kind of settlement is between the Parties and no settlement can be directed by way of an Order under the Provisions of Insolvency and Bankruptcy Code, 2016 (IBC, 2016)....

ITAT allows Additional Depreciation Allowed on Captive Power Plant Equipment

DCIT Vs Tirupati Sugars (ITAT Kolkata) - ITAT Kolkata's ruling on additional depreciation under Section 32(1)(iia) of Income Tax Act on Captive Power Plant Equipment in DCIT Vs Tirupati Sugars....

ITAT Hyderabad allows 60% Depreciation on Computer Peripherals

ACIT Vs Owens Corning’s Industries (India) Private Limited (ITAT Hyderabad) - Analysis of ITAT Hyderabads decision on ACIT Vs Owens Cornings Industries, focusing on 60% depreciation eligibility for computers and peripherals under the Income Tax Act, 1961....

TDS u/s 195 not deductible as no income of non-resident is chargeable to tax

PCIT Vs Minda Stoneridge Instruments LTD (Delhi High Court) - Delhi High Court held that since no income chargeable to tax arose in the hands of the non-resident, as per the provisions of the Act, there was no obligation to deduct tax at source under Section 195 of the Act. Accordingly, disallowance u/s 40(a)(i) unjustified....

Rule 8AC Computation of short term capital gains & written down

Notification No. 77/2021-Income Tax [G.S.R. 472(E)] - (07/07/2021) - CBDT inserts new Income Tax Rule 8AC -Computation of short term capital gains and written down value under section 50 where depreciation on goodwill has been obtained vide Notification No. 77/2021-Income Tax | Dated: 7th July, 2021 MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT...

CBDT notifies Additional depreciation on Motor car & motor vehicles

Notification No. 69/2019-Income Tax [G.S.R. 679 (E).] - (20/09/2019) - Income-tax (9th Amendment) Rules, 2019 – Additional depreciation on motor cars and motor vehicles shall be allowed in certain conditions- Notification No. 69/2019-Income Tax Dated 20th September, 2019. MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) Notification No....

Commercial rights in the nature of intangible assets eligible for depreciation

I.T.A. No. 496/Delhi/2014 - (15/04/2015) - A reading of the agreement between STL and the assessee clarifies that a specific amount, i.e., Rs.9 Crores was paid by the assessee to the transferor who owned commercial rights towards the network and the facilities. The consideration was a specific value but for which the network would not have b...

Amendment in Income Tax Rules Related to Depreciation on Fixed Assets

Notification No. 43/2014-Income Tax - (16/09/2014) - Notification No. 43/2014-Income Tax S.O. 2399(E).—In exercise of the powers conferred by Section 295 read with Section 32 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:— 1. (1) Thes...

MVAT circular on Issuing of Tax Clearance Certificates

Trade Circular No. 1 T of 2010 - (05/01/2010) - In view of this situation, it is necessary that the procedure for the issuing of such certificates should be standardized. Such certificates are very often required to be produced before various government authorities, local bodies or other bodies etc. for the purpose of tender renewal of licenses e...

Recent Posts in "section 32"

Brand names being intangible assets are amenable to depreciation u/s 32(1)(ii)

PCIT Vs Kuantum Papers Ltd. (Delhi High Court)

Delhi High Court held that ‘brand names’ falls within the scope of intangible assets and, accordingly, are amenable to deprecation under Section 32(1)(ii) of the Income Tax Act....

Settlement between parties cannot be directed by way of an order under IBC: NCLAT

Arun Kumar Vs Sripriya Kumar (NCLAT Chennai)

NCLAT Chennai held that any kind of settlement is between the Parties and no settlement can be directed by way of an Order under the Provisions of Insolvency and Bankruptcy Code, 2016 (IBC, 2016)....

Posted Under: Income Tax | |

ITAT allows Additional Depreciation Allowed on Captive Power Plant Equipment

DCIT Vs Tirupati Sugars (ITAT Kolkata)

ITAT Kolkata's ruling on additional depreciation under Section 32(1)(iia) of Income Tax Act on Captive Power Plant Equipment in DCIT Vs Tirupati Sugars....

ITAT Hyderabad allows 60% Depreciation on Computer Peripherals

ACIT Vs Owens Corning’s Industries (India) Private Limited (ITAT Hyderabad)

Analysis of ITAT Hyderabads decision on ACIT Vs Owens Cornings Industries, focusing on 60% depreciation eligibility for computers and peripherals under the Income Tax Act, 1961....

TDS u/s 195 not deductible as no income of non-resident is chargeable to tax

PCIT Vs Minda Stoneridge Instruments LTD (Delhi High Court)

Delhi High Court held that since no income chargeable to tax arose in the hands of the non-resident, as per the provisions of the Act, there was no obligation to deduct tax at source under Section 195 of the Act. Accordingly, disallowance u/s 40(a)(i) unjustified....

Claim Refund in Form DVAT-21 If Not Claimed in Return: Delhi HC

Flipkart India Private Limited Vs Value Added Tax Officer (Delhi High Court)

Delhi High Court held that as per Rule 34 of the Delhi Value Added Tax Rules, 2005, a claim for refund of tax is liable to be made in Form DVAT-21 only if such a refund is not claimed in the return itself....

Trust can claim both depreciation & application of income on asset in its purchase year

Janaseva Trust Vs ITO (ITAT Bangalore)

ITAT referred to SC’s judgment in CIT v. Rajasthan & Gujarati Charitable Foundation, Poona, which stated that an entity could claim both depreciation and application of income on asset in its purchase year....

Depreciation on right to build and operate tool road is admissible as intangible asset

DCIT Vs Telecommunication Consultants India Ltd. (ITAT Delhi)

ITAT Delhi held that right to build and operate toll road are considered to be an intangible assets and accordingly depreciation as admissible to intangible assets is available to it....

Depreciation under IT Act Section 32 not allowable if No Business Activity

Arrow Manpower Services (P) Ltd. Vs ACIT (ITAT Delhi)

Review of the ITAT Delhi's decision on Arrow Manpower Services case. Discussion on the disallowance of depreciation claim and implications of the verdict....

Posted Under: Income Tax | |

Depreciation u/s 32 not available in absence of any business activity

Arrow Manpower Services (P) Ltd. Vs ACIT (ITAT Delhi)

ITAT Delhi held that depreciation under section 32 of the Income Tax Act not available as the assessee is not carrying on any business activity....

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