section 32

Rates of Depreciation as Per Income Tax Act,1961

Income Tax - Block of Assets :-The expressions Assets and Blocks of Assets w.e.f. 1-4-1999 shall mean a group of assets falling within a class of assets comprising:–Tangible Assets being buildings, machinery, plant or furniture;Intangible Assets being knowhow, patents, copyrights, trademarks, licences, franchises or any other business or commercial ...

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Depreciation on goodwill – the perennial debate

Income Tax - Depreciation on goodwill has been a matter of considerable debate. Although the Supreme Court, in its landmark judgment in the case of Smifs Securities, held that goodwill is an intangible asset within the meaning of section 32 of the Income-tax Act, 1961 (the Act) and depreciation on goodwill is allowable under the section, some judgment...

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Depreciation on Land in Case of Composite Purchase Agreements

Income Tax - It is a well known and understood fact that land is not a depreciable asset. By its very definition, depreciation means decrease in the value of an asset through wear and tear, deterioration or obsolescence. While these implications easily apply to buildings or other structures built upon land, the land itself as an asset has no finite li...

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Depreciation on Goodwill arising out of Amalgamation: Tax Impact

Income Tax - The concept of merger and acquisition was not popular until the year 1988 in India. However, in the last five years merger and acquisition has emerged as a very important tool for growth of Indian corporates. Today, many companies are merging with each other in order to generate more revenues that the companies could have earned individua...

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Value of assets & depreciation on it, in the hands of purchaser in case of division purchase (purchaser in case of slump sale)

Income Tax - Ankita Agrawal Income Tax Act, 1961 is quite clear on the tax implications in the hand of purchaser and seller in case of amalgamation or demerger, but when it is a division purchase or slump purchase, there are no specific provisions in the Act in relation to purchaser. Section 50B of the Act clearly specifies […]...

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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...

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Depreciation allowable on Assets ready to use but not put to use

Betterman Engineers Pvt. Ltd. Vs I.T.O. (ITAT Kolkata) - Betterman Engineers Pvt. Ltd. Vs I.T.O. (ITAT Kolkata) In the instant case the assessee has acquired certain fixed assets on lease and has charged depreciation on the same. The assets being the godown building, office building, power house building, Weigh Bridge room and machinery. The ld. AO on the...

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Mere wrong claim of depreciation would not invite penalty U/s. 271(1)(c)

Chambal Fertilizers & Chemicals Ltd. Vs Asstt. CIT (Rajasthan High Court) - A mere making of a wrong, though bona fide claim of depreciation, which is not sustainable in law, by itself will not amount to furnishing inaccurate particulars of income and therefore, such wrong claim will not automatically invite penalty under section 271(1)(c)....

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Batteries used with UPS and forming system for power back up qualifies for depreciation at 60%

DCIT Vs M/s. Lotwin Online Lottery Pvt. Ltd (ITAT Mumbai) - In view of CIT v. BSES Yamuna Powers Ltd. (2013) 358 ITR 47 (Delhi), batteries which were used along with UPS and which formed a system for power back up in case of power failure qualified for depreciation at 60 per cent....

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UPS is Integral part of Computer and eligible for 60% Depreciation

ACIT Vs M/s. Caparo Engineering India Pvt. Ltd. (ITAT Delhi) - The aforesaid appeal has been filed by the Revenue against the impugned order dated 12.09.2014, passed by the Ld. CIT(Appeals)-XX, New Delhi for the quantum of assessment passed u/s.144C(3) for the Assessment Year 2007-08. In the grounds of appeal, following grounds have been raised....

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In case of finance lease, lessor eligible to claim depreciation

L & T Finance Ltd. Vs. Dy. CIT (ITAT Mumbai) - This appeal by the Assessee is arising out of the order of Commissioner (Appeals)-5, Mumbai, (in short CIT(A)) in appeal No. CIT(A)-5/DCIT-2(2)/IT-118/2006-07 dated 15-11-2011. The Assessment was framed by the Deputy Commissioner, Circle-2(2), Mumbai (in short DCIT) for the assessment year 2004-05 v...

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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...

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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...

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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...

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Claim for depreciation- Where required particulars not been furnished

Circular : No. 29-D(XIX-14) [F. No. 45/239/65-ITJ], - (31/08/1965) - Numerous instances have come to the notice of the Board where assessee’s claim for depreciation duly shown in the return was not considered by the Income-tax Officer because books of account produced were not properly maintained and it was necessary to estimate profits by invoking the proviso to ...

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Recent Posts in "section 32"

Depreciation allowable on Assets ready to use but not put to use

Betterman Engineers Pvt. Ltd. Vs I.T.O. (ITAT Kolkata)

Betterman Engineers Pvt. Ltd. Vs I.T.O. (ITAT Kolkata) In the instant case the assessee has acquired certain fixed assets on lease and has charged depreciation on the same. The assets being the godown building, office building, power house building, Weigh Bridge room and machinery. The ld. AO on the basis of the statement made by [&hellip...

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Mere wrong claim of depreciation would not invite penalty U/s. 271(1)(c)

Chambal Fertilizers & Chemicals Ltd. Vs Asstt. CIT (Rajasthan High Court)

A mere making of a wrong, though bona fide claim of depreciation, which is not sustainable in law, by itself will not amount to furnishing inaccurate particulars of income and therefore, such wrong claim will not automatically invite penalty under section 271(1)(c)....

Read More

Batteries used with UPS and forming system for power back up qualifies for depreciation at 60%

DCIT Vs M/s. Lotwin Online Lottery Pvt. Ltd (ITAT Mumbai)

In view of CIT v. BSES Yamuna Powers Ltd. (2013) 358 ITR 47 (Delhi), batteries which were used along with UPS and which formed a system for power back up in case of power failure qualified for depreciation at 60 per cent....

Read More

UPS is Integral part of Computer and eligible for 60% Depreciation

ACIT Vs M/s. Caparo Engineering India Pvt. Ltd. (ITAT Delhi)

The aforesaid appeal has been filed by the Revenue against the impugned order dated 12.09.2014, passed by the Ld. CIT(Appeals)-XX, New Delhi for the quantum of assessment passed u/s.144C(3) for the Assessment Year 2007-08. In the grounds of appeal, following grounds have been raised....

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In case of finance lease, lessor eligible to claim depreciation

L & T Finance Ltd. Vs. Dy. CIT (ITAT Mumbai)

This appeal by the Assessee is arising out of the order of Commissioner (Appeals)-5, Mumbai, (in short CIT(A)) in appeal No. CIT(A)-5/DCIT-2(2)/IT-118/2006-07 dated 15-11-2011. The Assessment was framed by the Deputy Commissioner, Circle-2(2), Mumbai (in short DCIT) for the assessment year 2004-05 vide order even dated 18-12-2006 under se...

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Printer being part of computer system eligible for 60% depreciation

Commissioner of Income-tax VS Cactus Imaging India (P.) Ltd. (Madras High Court)

CIT Vs. Cactus Imaging India (P.) Ltd. (Madras High Court) It can be inferred that the machines ‘computer printers’ under consideration can either be called computers-printers, since a lot of independent functions done by the computers are done by these printers and they can be called an integral part of the computer system. I...

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Disallowance for personal use of Car cannot be made for mere non maintenance of log book

Golden Public School Samiti Vs ITO (ITAT Delhi)

Where the cars were used by the society for its work of school, and these cars were used for various purposes, such as, liaisoning with DIOS and CBSE Board, etc, such contentions had not been refuted with any cogent evidence, by AO therefore, no disallowance was to be made....

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Bifurcation of consideration into land and building separately necessary for claiming depreciation

Primarc Story Venture Pvt Ltd Vs ACIT (ITAT Kolkata)

Where assessee made no bifurcation of land and building and claimed depreciation on entire amount, therefore the case was remanded back to AO for bifurcating consideration into land & building and depreciation was to be allowed only on building portion....

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Brand is an intellectual property eligible for depreciation U/s. 32

Dy. CIT Vs Kuantum Papers Ltd. (ITAT Delhi)

As per para 7, 8 and 9 of the Accounting Standard 26 (AS 26) issued by the ICAI, the definition of intangible asset and trade mark specifically includes brand names.It was held by the Hon’ble Mumbai Tribunal that brand is an intangible asset eligible for depreciation under Section 32 of the Act....

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Rates of Depreciation as Per Income Tax Act,1961

Block of Assets :-The expressions Assets and Blocks of Assets w.e.f. 1-4-1999 shall mean a group of assets falling within a class of assets comprising:–Tangible Assets being buildings, machinery, plant or furniture;Intangible Assets being knowhow, patents, copyrights, trademarks, licences, franchises or any other business or commercial ...

Read More
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