section 32

Rule-8AC | Computation of STCG & WDV | Depreciation on Goodwill Claimed

Income Tax - Rule-8AC of Income Tax Rules, 1962- Computation of STCG And WDV U/S 50 Where Depreciation On Goodwill Has Been Claimed Section-50 of Income tax Act deals with computation of capital gain in case of depreciable assets. By introducing Notification No. 77/2021 dated 07.07.2021, CBDT inserted the rule no-8AC after rule 8AB by further amending...

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Depreciation and Short-term Capital Gain on Goodwill WEF AY 2021-22

Income Tax - It was well settled position, before the amendments made by Finance Act 2021, that the depreciation can be claimed on ‘Purchased Goodwill’ under the Income tax Law and it was also supported by the decision of Hon’ble Supreme Court in the case of Jogta Coal Co. Ltd. v. CIT 36 ITR 521 where the treatment […]...

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Why is Goodwill non depreciable again?

Income Tax - Why the conflict over depreciation of goodwill: To understand this from a layman’s perspective – any deduction by way of depreciation leads to reduction in profits from Business or Profession and thus Total income. What does that lead to -For the Government – reduced tax. -For the Buyer – reduced cost of acquiring an asset [&h...

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Depreciation for AY 2021-2022 under Income Tax Act, 1961

Income Tax - Depreciation is calculated on the asset which is used for the purpose of business and/or profession. For claiming depreciation assessee should be the owner of asset. If such asset is partially owned then proportionate amount of depreciation is allowed to the assessee on the basis of his share in the asset. Depreciation is allowed if [&hel...

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Finance Act-2021-Amendments in Business or Profession Taxation

Income Tax - Finance Act-2021-Amendments in Business or Profession related Sections of Income Tax Act, 1961 i.e.  Section 32(1)-Depreciation of buildings, machinery, plant or furniture, Section 43CA-Special Provisions For Full Value Of Consideration For Transfer of Assets Other Than Capital Assets In Certain Cases, Section 44AB- Tax Audit and Section...

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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 [email protected] on 23-08-2019, an additional 15% depreciatio...

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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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Section 32 not mandate usage of asset by assessee itself for claiming depreciation

Addl. CIT Vs Gillette Diversified Operations Pvt. Ltd. (ITAT Delhi) - Addl. CIT Vs Gillette Diversified Operations Pvt. Ltd. (ITAT Delhi) Section 32 requires that the assessee must use the asset for the ‘purposes of business’. It does not mandate usage of the asset by the assessee itself. As long as the asset is utilized for the purpose of business of the ...

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Depreciation on smart phones functioning equivalent to computers

Falcon Business Resources Pvt. Ltd. Vs DCIT (ITAT Delhi) - Falcon Business Resources Pvt. Ltd. Vs DCIT (ITAT Delhi) The lower authorities while deciding the issue whether the depreciation is allowable on mobile phones @ 15% or considering the mobile phones computers @ 60%. This issue has been decided by the solitary decision of Hon’ble Kerala High Court i...

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No Cenvat Credit on Capital Goods for which full Depreciation is claimed under Income Tax

Surya Alumex Vs Commissioner of Central Goods and Service Tax (CESTAT Delhi) - Surya Alumex Vs Commissioner of Central Goods and Service Tax (CESTAT Delhi) Rule 4(4) of CENVAT Credit Rules, 2004 do not permit CENVAT Credit in respect of part of value of capital which represents duty of amount on such capital goods or which the manufacturer or producer of output service claims ...

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Depreciation on Toll Road allowed at rate allowed for intangible asset

BSC C&C Kurali Toll Road Ltd. Vs DCIT (ITAT Delhi) - BSC C&C Kurali Toll Road Ltd. Vs DCIT (ITAT Delhi) The issue under dispute is with regard to availability of depreciation to the assessee whether it is to be allowed keeping the right to collect toll fee as intangible assets or it to be treated as building or plant & machinery as held in the...

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Allowability of membership fee paid to MCX Exchange Ltd.

Unifi Capital Pvt. Ltd. Vs Income Tax Officer (ITAT Chennai) - Unifi Capital Pvt. Ltd. Vs Income Tax Officer (ITAT Chennai) Admittedly, membership fee paid to any stock exchange including MCX Exchange Ltd., is for acquiring a right in membership of exchanges for trading in shares and securities. Further membership rights in any stock exchange including MCX Exch...

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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...

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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....

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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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Recent Posts in "section 32"

Section 32 not mandate usage of asset by assessee itself for claiming depreciation

Addl. CIT Vs Gillette Diversified Operations Pvt. Ltd. (ITAT Delhi)

Addl. CIT Vs Gillette Diversified Operations Pvt. Ltd. (ITAT Delhi) Section 32 requires that the assessee must use the asset for the ‘purposes of business’. It does not mandate usage of the asset by the assessee itself. As long as the asset is utilized for the purpose of business of the assessee, the requirement of […]...

Read More

Depreciation on smart phones functioning equivalent to computers

Falcon Business Resources Pvt. Ltd. Vs DCIT (ITAT Delhi)

Falcon Business Resources Pvt. Ltd. Vs DCIT (ITAT Delhi) The lower authorities while deciding the issue whether the depreciation is allowable on mobile phones @ 15% or considering the mobile phones computers @ 60%. This issue has been decided by the solitary decision of Hon’ble Kerala High Court in the case of Federal Bank Ltd. [&hellip...

Read More

Rule-8AC | Computation of STCG & WDV | Depreciation on Goodwill Claimed

Rule-8AC of Income Tax Rules, 1962- Computation of STCG And WDV U/S 50 Where Depreciation On Goodwill Has Been Claimed Section-50 of Income tax Act deals with computation of capital gain in case of depreciable assets. By introducing Notification No. 77/2021 dated 07.07.2021, CBDT inserted the rule no-8AC after rule 8AB by further amending...

Read More
Posted Under: Income Tax |

Depreciation and Short-term Capital Gain on Goodwill WEF AY 2021-22

It was well settled position, before the amendments made by Finance Act 2021, that the depreciation can be claimed on ‘Purchased Goodwill’ under the Income tax Law and it was also supported by the decision of Hon’ble Supreme Court in the case of Jogta Coal Co. Ltd. v. CIT 36 ITR 521 where the treatment […]...

Read More
Posted Under: Income Tax |

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 TAXES) New Delhi Notification No. 77/20...

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No Cenvat Credit on Capital Goods for which full Depreciation is claimed under Income Tax

Surya Alumex Vs Commissioner of Central Goods and Service Tax (CESTAT Delhi)

Surya Alumex Vs Commissioner of Central Goods and Service Tax (CESTAT Delhi) Rule 4(4) of CENVAT Credit Rules, 2004 do not permit CENVAT Credit in respect of part of value of capital which represents duty of amount on such capital goods or which the manufacturer or producer of output service claims as depreciation under section […]...

Read More

Why is Goodwill non depreciable again?

Why the conflict over depreciation of goodwill: To understand this from a layman’s perspective – any deduction by way of depreciation leads to reduction in profits from Business or Profession and thus Total income. What does that lead to -For the Government – reduced tax. -For the Buyer – reduced cost of acquiring an asset [&h...

Read More
Posted Under: Income Tax |

Depreciation on Toll Road allowed at rate allowed for intangible asset

BSC C&C Kurali Toll Road Ltd. Vs DCIT (ITAT Delhi)

BSC C&C Kurali Toll Road Ltd. Vs DCIT (ITAT Delhi) The issue under dispute is with regard to availability of depreciation to the assessee whether it is to be allowed keeping the right to collect toll fee as intangible assets or it to be treated as building or plant & machinery as held in the […]...

Read More

Depreciation for AY 2021-2022 under Income Tax Act, 1961

Depreciation is calculated on the asset which is used for the purpose of business and/or profession. For claiming depreciation assessee should be the owner of asset. If such asset is partially owned then proportionate amount of depreciation is allowed to the assessee on the basis of his share in the asset. Depreciation is allowed if [&hel...

Read More
Posted Under: Income Tax |

Finance Act-2021-Amendments in Business or Profession Taxation

Finance Act-2021-Amendments in Business or Profession related Sections of Income Tax Act, 1961 i.e.  Section 32(1)-Depreciation of buildings, machinery, plant or furniture, Section 43CA-Special Provisions For Full Value Of Consideration For Transfer of Assets Other Than Capital Assets In Certain Cases, Section 44AB- Tax Audit and Section...

Read More
Posted Under: Income Tax |

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