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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 1119 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 2739715 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 5277 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 15240 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 7956 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 18729 Views 0 comment Print


Latest Judiciary


Depreciation towards 3G spectrum charges allowable: ITAT Mumbai

Income Tax : ITAT Mumbai held that disallowance of claim of depreciation in respect of 3G spectrum charges is not justified. Accordingly, depre...

March 31, 2025 54 Views 0 comment Print

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 102 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 303 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 267 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 133389 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 18112 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 27109 Views 3 comments Print


No penalty for claim of depreciation at higher rate on UID Kit under bonafide belief

July 11, 2017 738 Views 0 comment Print

Where assessee, under a bona fide belief that UID kit being a part of computer claimed depreciation at 60%. Tribunal held that disallowance of claim would not result in levy of penalty under section 271(1)(c).

Depreciation eligible on Right to collect toll for specified period as it is intangible Asset

June 30, 2017 2763 Views 0 comment Print

As assessee was not the owner of toll road, but had been given the right to develop, maintain and operate the toll road and to further collect the toll for the specified period, then this right was an intangible asset falling under section 32(1)(ii) and expenditure on development, construction and maintenance of infrastructure facility as incurred by the assessee was not revenue in nature and therefore, could be amortized.

Depreciation not allowable on Govt approvals not creating any right

June 6, 2017 1227 Views 0 comment Print

For any right to be in the nature of business or commercial right as laid down in section 32(1)(ii) of the Act, two criteria should be met. First that it should be right in rem and the second it should be alienable or transferable.

Truck terminus cannot be treated as building for providing resting /toilet facility

May 11, 2017 1185 Views 0 comment Print

Gotanagar Truck Terminus is a plant and not building, for the purpose of claiming depreciation under Section 32 read with Section 43 of the IT Act. Consequently the assessee is held entitled to depreciation at the rate of 25% as prescribed for plant and not at 10%, as applicable for building.

SC on depreciation on leased immovable property in absence of registered deed

March 27, 2017 1968 Views 0 comment Print

It is only when the assessee holds a lease right or other right of occupancy and any capital expenditure is incurred by the assesee on the construction of any structure or doing of any work in or in relation to and by way of renovation or extension of or improvement to the building and the expenditure on construction is incurred by the assessee, that assessee would be entitled to depreciation to the extent of any such expenditure incurred.

Expense on improvement of leased building not allowable U/s. 37(1) but depreciation can be claimed on the same

January 13, 2017 10290 Views 0 comment Print

Business of the assessee is carried on in the leased property and any expenditure is incurred on the construction of any structure by way of renovation, extension or improvement, then, section 32 will apply and accordingly, the assessee can claim depreciation on the value spent on such improvement or changes in the structure.

Additional depreciation cannot be claimed on Machinery used during earlier years

November 16, 2016 7347 Views 0 comment Print

First requirement to claim of additional depreciation is that there should a new machinery or plant. A machinery is new till it is first put to use. Once it is used, it is no longer a new machinery. Admittedly, the machinery, on which additional depreciation has been claimed, was already used in various preceding previous […]

Computerised Machines not eligible for Depreciation @60%

October 22, 2016 18079 Views 1 comment Print

Appendix I in Income Tax Rules, 1962 in respect of rates at which depreciation is admissible provides depreciation on computers including computer software @ 60%. Recently, in Dinamalar vs. The ITO [T.C.A.No.624 of 2016, Decided on 02.09.2016], the assessee in respect of the claim of depreciation on computers and computer peripherals, claimed depreciation on the items, viz.

Swift Dzire classifiable as LMV & eligible for additional depreciation

October 13, 2016 7573 Views 0 comment Print

In the present case, the ld.AO has granted depreciation at the rate of 15% without examining relevant provisions. It appears that his finding is based upon his experience and past impression. He was of the opinion that once Board has not granted higher rate of depreciation to cars, which are put in the business of hiring, or in public transportation, then how a partner, who used motor car for the purpose of business can be granted at a such rate.

Additional depreciation allowable to Company in Generation and distribution of electricity even prior to 1-4-2013

July 15, 2016 3030 Views 0 comment Print

Damodar Valley Corporation Vs. Dy. CIT (ITAT Kolkata) We find that on perusal of section 32(1)(iia) of the Act as it stood upto assessment year 2012-13, it is evident that the additional depreciation is permissible to all assessees who are engaged in the business of manufacture or production of any article or thing. In the […]

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