C.R.I.PUMPS PRIVATE LIMITED,CHENNAI vs. DCIT, COIMBATORE
What did the Tribunal hold?
The Tribunal found that while the assessee is eligible to claim balance additional depreciation in subsequent years if the asset was used for less than 180 days, the Assessing Officer's disallowance was for a different reason. The case was remitted back to the Assessing Officer for verification of facts and correct application of law.
What were the facts?
The assessee claimed additional depreciation on plant and machinery acquired and installed in preceding years, which was carried forward. The Assessing Officer disallowed this claim, stating additional depreciation is only for new plant and machinery acquired in the current year.
What were the issues?
Whether additional depreciation can be claimed on plant and machinery acquired in preceding years and carried forward, and if the balance of additional depreciation due to less than 180 days of use can be claimed in subsequent years.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Rittal India (P) Limited121 citing380 ITR 423 · 2016 · HC
Income Tax Appellate Tribunal, ‘C’ BENCH : CHENNAI
Before: SHRI N.R.S. GANESAN & SHRI ABRAHAM P. GEORGE]
आदेश / O R D E R
PER ABRAHAM P. GEORGE, ACCOUNTANT MEMBER
In this appeal filed by the assessee, its grievance is that additional depreciation of �8,53,07,702/- claimed u/s.32(1)(iia) of the Income Tax Act, 1961 (herein after referred to as ‘the Act’) was not allowed to it.
ITA No. 1049/Mds/2016. :- 2 -:
Facts apropos are that assessee engaged in manufacturing 2. and sale of pumps and motors had claimed additional depreciation of �8,53,07,702/-. As per assessee, additional depreciation was on plant and machinery acquired and installed in preceding years, which was carried forward. Ld. Assessing Officer did not accept the claim.
According to him, such additional depreciation was available only to new plant and machinery acquired during an year and would not be eligible for such depreciation subsequent years. As per ld. Assessing Officer the whole of the actual cost of plant and machinery on which additional depreciation was claimed was allowed as deduction by virtue of Sec.32(1) (ii)(a) of the Act. Ld. Assessing Officer also noted that similar claims for assessment years 2008-09 to 2010-2011 were disallowed and such disallowance was sustained by the ld. Commissioner of Income Tax (Appeals) as well as this Tribunal. He thus disallowed the claim.
The appeal of the assessee before ld. Commissioner of 3.
Income Tax (Appeals) against disallowance of additional depreciation did not meet with any success.
Now before us, ld. Authorised Representative strongly 4. assailing the orders of the lower authorities submitted that additional depreciation was available for every year till the value of the asset
ITA No. 1049/Mds/2016. :- 3 -: became Nil. According to him, Hon’ble Karnataka High Court in the case of CIT and another vs. Rittal India Pvt. Ltd. 380 ITR 423 had held that balance of additional depreciation which could not be claimed in particular assessment year due to use less than 180 days could be allowed in subsequent years.
Per contra, ld. Departmental Representative strongly 5.
supported the orders of the authorities below
We have considered the rival contentions and perused the 6. orders of the authorities below. Argument of the ld. Authorised Representative is that balance of the depreciation remaining due to restriction of additional depreciation claimed by the assessee, to 50% of the eligible amount, in the year in which a new machinery was put in use for using for a period less than 180 days, could be claimed in subsequent year, by virtue of judgment of Hon’ble Karnataka High Court in the case of Rittal India Pvt. Ltd (supra). In our opinion there can be no quarrel on this. However, ld. Assessing Officer had disallowed the claim not for this reason but for a reason that assessee was claiming additional depreciation for every year after installation of plant and machinery. Nevertheless, assessment order nor the order of the ld. Commissioner of Income Tax (Appeals) give the full details of the additional depreciation claimed by the assessee viz whether it
ITA No. 1049/Mds/2016. :- 4 -: relates to plant and machinery installed in the immediate preceding assessment year, which was used for less than 180 days or whether such claim was for plant and machinery installed in earlier years. Needless to say assessee is eligible to claim additional depreciation only to the extent of the balance 50% remaining out of what was allowed in the immediate preceding year, for use less than 180 days. We set aside the order of the lower authorities and remit the issue regarding claim of additional depreciation back to the file of the ld. Assessing Officer for verification of the facts and correct application of law.
In the result, the appeal of the assessee is allowed for 7. statistical purpose. Order pronounced on Wednesday, the 23rd day of November, 2016, at Chennai.
Similar judgments
Other orders that rely on the same authority or decide the same section.
- Classic Industries and Exports Limited… vs ACIT, Spl. Range-2, New DelhiDelhi15 Jul 2022Remanded
Also relies on CIT v. Rittal India (P) Limited
The Tribunal noted that the issue was identical to a previous decision in the assessee's own case for AY 2014-15. Following that precedent, the Tribunal remitted the issue back to the AO to decide in line with the earlie...
- JCIT(OSD), Cir011(1), Kolkata vs M/S. Philips Carbon Black Ltd., KolkataKolkata28 Aug 2025Dismissed
Also relies on CIT v. Rittal India (P) Limited
The Tribunal upheld the CIT(A)'s decision regarding additional depreciation, stating that the issue is settled law allowing the claim in the subsequent year. For the transfer pricing adjustment, the Tribunal found the re...
- Assistant Commissioner of Income Tax Ltu… vs E I D Parry India Limited, ChennaiChennai23 Apr 2025Dismissed
Also relies on CIT v. Rittal India (P) Limited
The Tribunal held that the issue of additional depreciation for assets put to use for less than 180 days is squarely covered by previous decisions of the Tribunal and High Courts. Following these precedents, the Tribunal...
- DCIT-9(3((2), Mumbai vs Garware Industries Ltd., MumbaiMumbai13 May 2021Dismissed
Also relies on CIT v. Rittal India (P) Limited
The Tribunal held that the balance 50% of additional depreciation is allowable in the subsequent assessment year if the asset was used for less than 180 days in the preceding year. This is based on the plain language of ...
- Tcpl Packaging Ltd, Mumbai vs DCIT 8(3)(1), MumbaiMumbai22 Apr 2019Partly Allowed
Also relies on CIT v. Rittal India (P) Limited
The Tribunal held that the balance 50% of additional depreciation disallowed in the preceding year due to use for less than 180 days should be allowed in the subsequent year. This decision was based on judicial precedent...
More judgments on Section 32(1)(iia)
- Sudarshan Jeans Private Limited, Maharashtra vs Income Tax Officer, Ward No. 1, AmbalaITA 705/CHANDI/2026[2016-17]Status: Disposed1 Oct 2026AY 2016-17
- Pramod Lakra, JCIT(in-Situ), Circle-11(1)… vs Bengal Beverages Private Limited, KolkataITA 1389/KOL/2026[2018-19]Status: Disposed23 Sept 2026AY 2018-19
- Kunstocom (India) Limited, Defence Colony vs ACIT/DCIT, DelhiITA 3126/DEL/2026[2024-25]Status: Disposed9 Sept 2026AY 2024-25
- Organica Aromatics Private Limited… vs DCIT (Central Circle)-3(2), Blr, BangaloreITA 803/BANG/2026[2017-18]Status: Disposed31 Aug 2026AY 2017-18
- Sansera Engineering Limited, Bangalore vs Deputy Commissioner of Income Tax…ITA 1959/BANG/2025[2014-15]Status: Disposed21 Aug 2026AY 2014-15
Latest GST High Court judgments
Search GST case law →- R.K.Service Station, Balasore vs. Commissioner CT And GST Odisha, CuttackOrissa · 31 Oct 2026
- Tankala Soumya vs. Assistant Commissioner Of State Tax, CT And GST, Rayagada Circle, RayagadaOrissa · 31 Oct 2026
- M/S Pooja, Town Hallroad, Cuttack vs. State Tax Officer, Cuttack-I West Circle,CuttackOrissa · 31 Oct 2026
- M/S Chicvogue Fashions Lip, Ganjam vs. State Tax Officer Bhubaneswar- Ii CircleOrissa · 31 Oct 2026
- M/S Priya, Townhall Road, Cuttack vs. Superintendent Cuttack- I Range, CuttackOrissa · 31 Oct 2026