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section 32

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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 2457 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 1194 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 1851 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 2742919 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 5460 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 15282 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 7962 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 18780 Views 0 comment Print


Latest Judiciary


Depreciation on Finance Lease Rental Payment allowed to lessee: ITAT Mumbai

Income Tax : ITAT Mumbai held that alternative claim of assessee (lessee) to allow depreciation on Finance Lease Rental Payment is allowable si...

April 15, 2025 48 Views 0 comment Print

Provisioning for Asset Reconstruction Cost justified as AS 29 prescriptions qualified

Income Tax : Delhi High Court held that the provisioning for Asset Reconstruction Cost qualified the prescriptions of AS 29 and the assessee wa...

April 10, 2025 84 Views 0 comment Print

Entire R&D expense in India is eligible for weighted deduction u/s. 35(2AB): ITAT Pune

Income Tax : ITAT Pune held that entire amount of R&D expense in India is eligible for weighted deduction u/s. 35(2AB) and R&D capital expense ...

April 8, 2025 60 Views 0 comment Print

Set off of unabsorbed depreciation against short term capital gains allowed

Income Tax : ITAT Mumbai held that assessee is permitted to set off unabsorbed depreciation pertaining to AY 1997-98 to 2001-02 against short t...

April 3, 2025 495 Views 0 comment Print

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 78 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 7494 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 133533 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 7696 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 18121 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 27151 Views 3 comments Print


Electricity is good and Machinery used in its production eligible for additional depreciation U/s. 32(1)(iia)

November 14, 2015 2044 Views 0 comment Print

The claim of depreciation made by the assessee in the return of income included depreciation of wind mill @ 80% and additional depreciation @ 20% as per Section 32(1)(iia) of the Income Tax Act, 1961. The assessee’s claim of additional depreciation was disallowed by the Assessing Officer on the ground that additional depreciation

Installation of plant and machinery in building would amount to use of building to claim depreciation u/s 32

October 27, 2015 6033 Views 0 comment Print

The Delhi High Court has held in case of Stitchwell Qualitex (RF) Vs. ITO that Installation of plant and machinery in building would amount to use of the building and therefore assessee is eligible to claim for depreciation u/s 32 on said building .

To avail Section 32(2) depreciation claim it’s not necessary that business carried on in following previous year

October 21, 2015 13009 Views 2 comments Print

The Serendipity Apparels Pvt. Ltd. Vs. CIT (ITAT Ahmedabad)- The assessee has derived its lease rental income under the head from other sources. There is no dispute that the same is covered u/s.56(2)(iii) of the Act.

No Penalty U/S 271 (1)(c) Levied on Excess Claim of Depreciation

October 18, 2015 12569 Views 1 comment Print

The assessment u/s 143(3) made disallowing to excess claim of depreciation. Penalty proceedings u/s 271(1)(c) has been initiated on disallowance of excess depreciation claimed. The assessee confronted this fact, He is agree to disallow excess depreciation. No penalty u/s 271(1)(c) is levied upon the assessee. The Department can not presume that the assessee has concealed the income or furnished inaccurate particulars income in the return of income.

Depreciation cannot be allowed forcefully if not claimed by Assessee

October 11, 2015 1882 Views 0 comment Print

Gujarat Paguthan Energy Corporation P Ltd Vs ITO (ITAT Ahmedabad)- For allowing any income based deduction to the assessee, if the assessee had not claimed depreciation and claimed the deduction without claiming depreciation then AO could not forcefully deduct the depreciation from profit & Loss Account.

Embroidery work on job work basis is Manufacture; Additional Depreciation allowable

October 1, 2015 8363 Views 0 comment Print

In this case assessee, was doing embroidery work on job work basis. The embroidery activity, according to the Tribunal, also results in production of a new article having a different market of its own and there are various stages involved in embroidery activity, as follows: i) Creating a digitalized embroidery design file

Depreciation on enhanced cost of asset is allowed from the date when the obligation to pay customs duty arose

September 14, 2015 3494 Views 0 comment Print

In the of CIT Vs. Noida Medicare Centre Ltd, Delhi High Court held that the AO erred in disallowing the capitalization of the additional customs duty in the manner claimed by the Assessee and adding the entire customs duty paid in the relevant AY to the income of the Assessee.

Lessee can claim depreciation if entire control & rights of building are with him

August 12, 2015 3107 Views 0 comment Print

Delhi High Court has in the case of CIT Vs M/s Bharat Hotels held that If appellant Leasee is having entire control over the building than even though no ownership rights vest him, still he can claim depreciation on the same.

Deductibility of Temple Maintenance Expenses and Depreciation on it

July 15, 2015 10750 Views 0 comment Print

Section 37(1) of the Income-tax Act, 1961 (which corresponds to Section 10(2)(xv) of the Income-tax Act, 1922) allows deduction, while computing the income chargeable under the head profits and gains of business or profession, of any expenditure (not being expenditure of the nature described in sections 30 to 36 of the Act and not being in the nature of capital expenditure or personal expenses of the assessee)

Section 32- Depreciation allowable on payment made to acquire business or commercial rights

July 8, 2015 1015 Views 0 comment Print

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.

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