Section 32(1)(i) — 55 judgments | BharatTax

ACIT-6(1)(1),MUMBAI, MUMBAI vs. ADITYA BIRLA REAL ESTATE LIMITED(FORMERLY KNOWNS AS CENTURY TEXTILES AND INDUSTRIES LIMITED), MUMBAI

Appeal of the revenue is dismissed and the appeal of the assessee is allowed for statistical purposes

ITA 4359/MUM/2025[2018]Status: DisposedITAT Mumbai13 Nov 2025

Bench: Shri Pawan Singh, Jm & Ms Padmavathy S, Am

For Appellant: Shri yogesh Thar & Shri VinayakFor Respondent: Shri Rajesh Kumar Yadav, CIT-

While the Hon'ble CIT(A) rightly accepted that the appellant is generating power for captive consumption and is entitled to depreciation under section 32(1)(i) of the Act, the conclusion that the claim must be restricted to a specific division is incorrect and contrary

ADITYA BIRLA REAL ESTATE LIMITED (FORMERLY KNOWN AS CENTURY TEXTILES AND INDUSTRIES LIMITED),MUMBAI vs. COMMISSIONER OF INCOME TAX, CIRCLE 6(1)(1), MUMBAI, MUMBAI

Appeal of the revenue is dismissed and the appeal of the assessee is allowed for statistical purposes

ITA 2979/MUM/2025[2018-19]Status: DisposedITAT Mumbai13 Nov 2025AY 2018-19

Bench: Shri Pawan Singh, Jm & Ms Padmavathy S, Am

For Appellant: Shri yogesh Thar & Shri VinayakFor Respondent: Shri Rajesh Kumar Yadav, CIT-

Section 250Section 32(1)(i)

While the Hon'ble CIT(A) rightly accepted that the appellant is generating power for captive consumption and is entitled to depreciation under section 32(1)(i) of the Act, the conclusion that the claim must be restricted to a specific division is incorrect and contrary

APRAAVA RENEWABLE ENERGY PRIVATE LIMITED,MUMBAI vs. THE PR.CIT, AHMEDABAD-1, AHMEDABAD

In the result, both the appeals filed by the assessee are allowed

ITA 694/AHD/2025[2021-22]Status: DisposedITAT Ahmedabad03 Sept 2025AY 2021-22

Bench: SHRI SANJAY GARG (Judicial Member), SMT. ANNAPURNA GUPTA (Accountant Member)

For Appellant: Shri Vartik Choksi, A.RFor Respondent: Shri Sher Singh, CIT. DR

Section 263Section 43B

business of generation of electricity and had selected SLM for calculating depreciation on assets for income tax purposes as per Section 32(1)(i) of the Act and in the SLM of depreciation, depreciation of the asset was to be calculated by applying the percentage of depreciation on the cost

APRAAVA RENEWABLE ENERGY PRIVATE LIMITED,MUMBAI vs. THE PR.CIT, AHMEDABAD-1, AHMEDABAD

In the result, both the appeals filed by the assessee are allowed

ITA 693/AHD/2025[2020-21]Status: DisposedITAT Ahmedabad03 Sept 2025AY 2020-21

Bench: SHRI SANJAY GARG (Judicial Member), SMT. ANNAPURNA GUPTA (Accountant Member)

For Appellant: Shri Vartik Choksi, A.RFor Respondent: Shri Sher Singh, CIT. DR

Section 263Section 43B

business of generation of electricity and had selected SLM for calculating depreciation on assets for income tax purposes as per Section 32(1)(i) of the Act and in the SLM of depreciation, depreciation of the asset was to be calculated by applying the percentage of depreciation on the cost

SABEENA SILK MILLS ,MUMBAI vs. INCOME TAX OFFICER 31(1)(1), MUMBAI

In the result, the appeal of the assessee bearing ITA No

ITA 1508/MUM/2025[2021-22]Status: DisposedITAT Mumbai14 Aug 2025AY 2021-22

Bench: Shri Narndra Kumar Billaiya & Shri Anikesh Banerjeesabeena Silk Mills Vs Income-Tax Officer 31(1)(1), Apurva Industrial Estate, Mumbai, Majwana Road, Marol Kautilya Bhavan, Bkc, Bandra, Mumbai-400 059 Mumbai-400 051 Pan: Aabfs3210R Appellant Respondent

For Appellant: Shri H.N. MotiwalaFor Respondent: Shri Leyaqat Ali Aafaqui (SR.DR.)

Section 143(1)Section 154Section 250Section 50

actual cost thereof to the assessee as may be prescribed.” A combined reading of the provisions of section 41(2) and section 32(1)(i) makes it clear that provisions of section 41(2) are applicable only to those entities engaged in the business of generation or generation and distribution

RAISEN MARKETING P LTD,BHOPAL vs. THE ADIT CPC , BGHOPAL

In the result, the present appeal is allowed in so far as it relates\nto adjudication of Ground No

ITA 157/IND/2023[2020-21]Status: DisposedITAT Indore24 Jul 2025AY 2020-21

Section 143(1)Section 234BSection 37

Depreciation and amoritisation debited to profit and loss account\n11\n4563142\n12. Depreciation allowable under Income-tax Act\ni\nDepreciation allowable under section 32(1)(ii) and 32(1)(iia) (item 6 of\nSchedule-DEP)\n12i\n2781725\nii\nDepreciation allowable under section 32(1)(i) (Make your own\ncomputation refer

SHREE CEMENT LIMITED,BANGUR NAGAR vs. ACIT, CENTRAL CIRCLE, AJMER

In the result, the appeal of the assessee - appellant in ITA No

ITA 1517/JPR/2024[2019-2020]Status: DisposedITAT Jaipur24 Jun 2025AY 2019-2020

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Shri Dilip B. Desai, FCAFor Respondent: Shri Arvind Kumar, CIT-DR

Section 115JSection 143(1)Section 254Section 36(1)(va)Section 80Section 801A

Hence, AO is directed to grant depreciation @25% on such leasehold rights acquired of Rs. 14,93,25,916/- in accordance with section 32(1)(u) of the Act. The additional ground no. 1 raised by the assessee is allowed" Thus, the Hon'ble ITAT held that such intangible assets ... 1)(ii) of the Act, hence, directed the AO to grant depreciation @25% on such leasehold rights in accordance with the provision of section 32(1)(1) of the Act. The decision of the ITAT was not accepted. In this regard.it is submitted that an additional ground was raised

JHARKHAND ROAD PROJECTS IMPLEMENTATION CO. LTD,RANCHI vs. DCIT CENT. CIRCLE-1, RANCHI

In the result, the grounds of appeal raised by the assessee are partly allowed

ITA 92/RAN/2019[2014-15]Status: DisposedITAT Ranchi07 Apr 2025AY 2014-15

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahay

Section 32Section 32(1)(i)Section 32(1)(ii)

right to set up infrastructure facility and collect revenue being license/business or commercial rights is an intangible asset in terms of provisions of Section 32(1)(ii) of the Act. The appellant submitted that it had constructed the road as a part of the concessionaire agreement entered into between

JHARKHAND ROAD PROJECTS IMPLEMENTATION COMPANY LIMITED,RANCHI vs. DCIT,C.C.-1, RANCHI

In the result, the grounds of appeal raised by the assessee are partly allowed

ITA 91/RAN/2019[2013-14]Status: DisposedITAT Ranchi07 Apr 2025AY 2013-14

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahay

Section 32Section 32(1)(i)Section 32(1)(ii)

right to set up infrastructure facility and collect revenue being license/business or commercial rights is an intangible asset in terms of provisions of Section 32(1)(ii) of the Act. The appellant submitted that it had constructed the road as a part of the concessionaire agreement entered into between

EVEREST KANTO CYLINDER LTD ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX, CPC BENGALURU, MUMBAI

In the result, appeal of the assessee bearing ITA No

ITA 782/MUM/2024[2021-22]Status: DisposedITAT Mumbai20 Jan 2025AY 2021-22

Bench: Shri Anikesh Banerjee & Miss Padmavathy S.Everest Kanto Cylinder Ltd Vs Deputy Commissioner Of Income- 204, Raheja Centre, Free Press Tax,Circle 3(4), Mumbai Journal Marg, Nariman Point World Trade Centre 1, Cuffe Parade, Mumbai-400 021 Mumbai-400 005 Pan : Aaace30836F Appellant Respondent

For Appellant: Shri Shekhar GuptaFor Respondent: Shri Biswanath Das CIT DR

Section 143(1)Section 250Section 37(1)Section 41(2)Section 50

actual cost thereof to the assessee as may be prescribed.” A combined reading of the provisions of section 41(2) and section 32(1)(i) makes it clear that provisions of section 41(2) are applicable only to those entities engaged in the business of generation or generation and distribution

ASST. COMMISSIONER OF INCOME TAX 8(2)(1), MUMBAI, AYAKAR BHAVAN vs. PIRAMAL GLASS PRIVATE LIMITED, MUMBAI

In the result, the appeal of the Revenue is dismissed

ITA 1232/MUM/2024[2021-22]Status: DisposedITAT Mumbai27 Sept 2024AY 2021-22

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan () Assessment Year: 2021-22 Asst. Cit-8(2)(1), Piramal Glass Pvt. Ltd., Room No. 481, Aayakar Bhavan, 6Th Floor, Piramal Tower Annexe Maharishi Karve Road, Vs. Ganpatrao Kadam Marg, Lower Mumbai-400020. Parel, Mumbai-400013. Pan No. Aabcg 0093 R Appellant Respondent

For Respondent: Mr. Ronak Doshi &

Section 36(1)(ii)

however, of the opinion that to claim depreciation, the assessee must on that to claim depreciation, the assessee must satisfy the requirement of Section 32(1)(ii) of the Act, in which satisfy the requirement of Section 32(1)(ii) of the Act, in which satisfy the requirement of Section ... depreciation in section agreement, the same would never qualify for depreciation in section agreement, the same would never qualify for depreciation in section 32(1)(ii) of the Act as being depreciable intangible asset. This view 32(1)(ii) of the Act as being depreciable intangible asset. This view 32

ITO, WARD-1(1), SOLAPUR, SOLAPUR vs. MS. KSHIRSAGAR FABRICS, SOLAPUR

In the result, the appeal filed by the Revenue is dismissed

ITA 97/PUN/2024[2009-10]Status: DisposedITAT Pune17 Sept 2024AY 2009-10

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2009-10

For Appellant: Shri Nikhil PathakFor Respondent: Shri Sourabh Nayak, Addl. CIT

Section 143(3)Section 147Section 148Section 40A(3)

particulars of the intangible assets and it has maintained that it is eligible for the depreciation Mr. Mistri has submitted that, in fact, Section 32(1)(i)/(ii) of the IT Act permits depreciation in respect of know-how, franchises, copyrights, any other business or commercial rights which are intangible ... particulars of the intangible assets and it has maintained that it is eligible for the depreciation. Mr. Mistri has submitted that, in fact, Section 32(1)(i)/(ii) of the IT Act permits depreciation in respect of know-how, franchises, copyrights, any other business or commercial rights which are intangible

RAM RATAN JANGIR,AMER vs. INCOME TAX OFFICER, WARD -7(2), JAIPUR

In the result ground no. 1 raised by the

ITA 550/JPR/2024[2013-14]Status: DisposedITAT Jaipur22 Jul 2024AY 2013-14

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Sh. Anoop Bhatiya, CAFor Respondent: Smt. Monisha Choudhary (Addl. CIT)

Section 143(3)Section 147Section 148

purposes of the business or profession." Thus the aforesaid section 38(2) under which disallowance can be made refers to deduction available section 32(1) (ii) only for making the proportionate disallowance. Now section 32(1)(ii) is quoted below : " 32 (1) ( ii) In respect of depreciation of – (ii) know ... abundantly clear that the proportionate disallowance of depreciation for partial use of assets can be made only u/s 38(2) read with section 32(1)(ii). In other words, disallowance of 17 Ram Ratan Jangir vs. ITO depreciation can be made only in respect of intangible assets, whereas building, plant