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section 32

Latest Articles


Statutory Deductions “Depreciation”: Key Principles and Court Rulings

Income Tax : Depreciation is statutory deduction that allows businesses to set off cost of their tangible & intangible assets over their useful...

November 24, 2024 2388 Views 0 comment Print

Mastering Depreciation: Exploring Formula Derivation & Accurate Application

CA, CS, CMA : Learn the correct way to calculate and apportion depreciation using the Written Down Value method for accurate scrap value over an...

October 4, 2024 1113 Views 0 comment Print

Income Tax Deductions allowable to tax payer

Income Tax : Explore allowable tax deductions for AY 2025-26, covering salaries, house property, business, and personal expenses. Maximize your...

September 7, 2024 1839 Views 0 comment Print

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 2025-26. This guide includes rates for ta...

September 5, 2024 2739238 Views 148 comments Print

Corporate Tax Planning with reference to Depreciation

Income Tax : Learn how to optimize corporate tax planning through depreciation. Explore key provisions, asset considerations, and methods for m...

March 17, 2024 5217 Views 0 comment Print


Latest News


Fixed Asset Management Tool with Depreciation Calculator for Companies

Company Law : Key Features of Fixed Asset Management Tool with Depreciation Calculator for Companies ♦ Line wise SLM and WDV Depreciation as p...

August 16, 2021 15237 Views 0 comment Print

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 cas...

September 18, 2019 7950 Views 1 comment Print

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 furn...

January 17, 2018 18717 Views 0 comment Print


Latest Judiciary


Transfer of trademark acquired prior to 01.04.1998 is taxable as long-term capital gain

Income Tax : During the assessment proceedings, it was observed that the assessee sold two trademarks “Coldarin” and “Raricap”. The gai...

March 28, 2025 87 Views 0 comment Print

Quashing of Assessment order on non-compliance of sec 144C and barred by the period of Limitation

Income Tax : It was a case where the statutory procedure mandated in section 144C had been attempted to be by passed by merely mentioning the n...

March 24, 2025 288 Views 0 comment Print

Receipt from parking facilities treated as business income: ITAT Mumbai

Income Tax : ITAT Mumbai held that the receipt from parking facilities is to be treated as business income instead of income from other sources...

March 13, 2025 99 Views 0 comment Print

Amortization of Mining Lease Charges Allowed Under Section 35: ITAT Jaipur

Income Tax : Assessee being a subsidiary of M/s. Rajasthan State Mines and Minerals Ltd. (RSMML) (a Government of Rajasthan Undertaking). It en...

February 23, 2025 258 Views 0 comment Print

ITAT Rajkot directs AO to verify genuineness of transaction for addition towards unsecured loan

Income Tax : ITAT Rajkot remanded the matter as lower authority has not exercised their power to enquiry in section 131 and 133(6) of the Act t...

February 15, 2025 105 Views 0 comment Print


Latest Notifications


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

Income Tax : CBDT inserts new Income Tax Rule 8AC -Computation of short term capital gains and written down value under section 50 where deprec...

July 7, 2021 7482 Views 0 comment Print

CBDT notifies Additional depreciation on Motor car & motor vehicles

Income Tax : Income-tax (9th Amendment) Rules, 2019 – Additional depreciation on motor cars and motor vehicles shall be allowed in certai...

September 20, 2019 133380 Views 19 comments Print

Commercial rights in the nature of intangible assets eligible for depreciation

Income Tax : A reading of the agreement between STL and the assessee clarifies that a specific amount, i.e., Rs.9 Crores was paid by the assess...

April 15, 2015 7681 Views 0 comment Print

Amendment in Income Tax Rules Related to Depreciation on Fixed Assets

Income Tax : 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...

September 16, 2014 18109 Views 0 comment Print

MVAT circular on Issuing of Tax Clearance Certificates

Goods and Services Tax : In view of this situation, it is necessary that the procedure for the issuing of such certificates should be standardized. Such ce...

January 5, 2010 27088 Views 3 comments Print


Depreciation allowed on new server, storage and accessories procured during the year on lease

November 27, 2021 3354 Views 0 comment Print

Where assessee claimed depreciation on new server, storage and accessories procured during the year on lease and the assessee incurred cost of such asset and was also paying interest on lease; the assessee would be eligible to claim such depreciation.

Depreciation on Livestock

November 23, 2021 33570 Views 4 comments Print

There was a controversy whether livestock would constitute plant within the meaning of clause (3) of section 43 of the Act, that controversy has now been set at rest by the amendment of section 43(3) by the Parliament by the Finance Act, 1995 with retrospective effect from the inception of the Act, i.e., 1-4 -1962 to exclude tea bushes and livestock from the ambit of ‘plant’. 1t is now made clear in the definition of ‘plant’ in section 43(3) mentioned below

Conversion of natural gas to CNG is Manufacture & Additional depreciation Allowable

November 21, 2021 3711 Views 0 comment Print

When a commodity acquired a distinct name, use and commercial identity, it would acquire the trait of ‘manufacture’. Therefore, the activity of conversion of natural gas to compressed natural gas was entitled to avail  additional depreciation under section 32(1)(iia).

ITAT restores issue of Eligibility to claim depreciation on goodwill to AO

November 17, 2021 1596 Views 0 comment Print

Since excess amount paid over and above the net asset value on acquiring a business concern should constitute goodwill however, eligibility of assessee to claim depreciation on Goodwill to AO was restored after affording adequate opportunity of hearing.

Rate of depreciation on computer accessories and peripherals

November 10, 2021 170580 Views 3 comments Print

Introduction The rate of depreciation on computers and computer software is 40%. That means while calculating taxable business income, assessee can claim deduction of depreciation@ 40% on computers and computer software. In order to claim depreciation @40%, the equipment should fall within the expression “computer”. If the equipment in question do not fall within the […]

Depreciation allowable on WDV without reducing loan waiver

November 9, 2021 2772 Views 0 comment Print

Waiver of loan in the earlier year has no impact either on the actual cost u/s 43(1) or the w.d.v. u/s 43(6) for the year under consideration and further section 2(24)(xviii) also does not envelope such waiver within the ambit of `income‘ for the extant year. In that view of the matter, depreciation has to be allowed on the w.d.v. of the block of Machinery at the gross value without reducing the waiver of loan therefrom.

Computer accessories & peripherals entitled to higher depreciation rate

October 1, 2021 3462 Views 0 comment Print

Waters (India) Private Limited Vs DCIT (ITAT Bangalore) It is settled position of law that computer and its accessories and peripherals are entitled to higher rate of depreciation of 60%. The CIT(A) held that the assessee is entitled to depreciation of 60% on printer and 15% on UPS by holding that UPS is not part […]

Whether Depreciation Allowed In Case Vehicle Is Not Registered In The Name of Leasing Company

October 1, 2021 6111 Views 0 comment Print

As per Motor Vehicle Act, 1988 the registration of leased motor vehicle should be in the name of lessee and not the lessor. But in Income Tax Act, 1961 for claiming depreciation of assets, the asset must be owned by the person claiming depreciation.

Depreciation eligible on construction of road under BOT contract

September 12, 2021 3870 Views 0 comment Print

DCIT Vs Mumbai Nasik Expressway Ltd. (ITAT Mumbai) Expenditure incurred by the assessee for construction of road under BOT contract by Govt. of India have given rise to an intangible asset as defined under explanation 3(b) read with section 32(1)(iii) of the Act, assessee would be eligible to claim depreciation on such asset at specified […]

ITAT not allows 100% depreciation on mobile valued less than ₹ 5000

September 10, 2021 2064 Views 0 comment Print

Niho Construction Limited Vs DCIT (ITAT Delhi) Assessee claimed 100% Depreciation on Mobile Phones, each of which cost less than Rs. 5,000/-. But Assessing Officer (AO) restricted the depreciation to 15%, treating them general plant & Machinery. Assessee approached ITAT and AO argued that List of items on which 100% depreciation is allowed is specifically […]

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