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Depreciation allowance is provided under the Income Tax Act for building. The word building has however not been defined under the Income Tax Act and must be construed based on the ordinary grammatical sense, together with the available judicial interpretations. According to the Oxford English Dictionary, the word ‘building’ means ‘a structure with a roof […]
Hence, the order of Assessing Officer was upheld to the extent that the payment of non-compete fee was a capital expenditure and the assessee was not entitled to claim depreciation u/s 32 of the Act on the said capital expenditure.
ह्रास का अर्थ यदि कोई व्यापर या पेशा किया जाता है तो उसमें आयकर बचाने का सबसे अच्छा तरीका यह है कि ह्रास के खर्चे को क्लेम किया जाये। हालाँकि ह्रास का खर्चा कैश में किये जाने वाला खर्च नहीं है, लेकिन फिर भी आयकर कानून में इसकी छूट दी जाती है। लेकिन, बहुत से लोगो […]
India Meditronic (P) Ltd Vs ACIT (ITAT Mumbai) – Non-compete fee was allowable as capital expenditure and depreciation could be claimed on the same.
Depreciation could not be disallowed due to assets were not in use as assessee had not close down the business but it was not going on because of illegal strike by the workers and therefore manufacturing had been stopped temporarily.
Higher rate of depreciation was allowable on ATM machines as these machines was to be treated as “Computers” for the purpose of Section 32 of the Income Tax Act, 1961.
Analysis of charging section of Depreciation followed by landmark judgements- 1) Depreciation will be charged on both tangible and intangible assets. 2) Depreciation will be equally applicable whether the assets is held as stock in trade or as a capital assets. It means that a real assets company can equally claim assets on their buildings […]
Tenzing Match Works Vs DCIT (Madras High Court) Even trial production machineries kept ready for use etc., were considered to be used for the purpose of business to qualify for depreciation. In ‘CIT -Vs- Geo Tech Construction 244 ITR 452 (Kerala)’ , the machinery which was purchased by the assess from Pondicherry was yet to […]
We find that the claim of depreciation in respect of license/ registration fee paid by the assessee to the Indian Railways is an asset whereon depreciation u/s. 32(1) is allowable.
DHL Logistics Private Limited Vs DCIT (ITAT Mumbai) We have to consider whether goodwill is an intangible asset under section 32, hence, eligible for claim of depreciation. In our view, this issue is no more res integra in view of the decision of Hon’ble Supreme Court in Smifs Securities Ltd. (supra) where the Hon’ble Supreme […]
