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“additional depreciation”

DepreciationSection 32(1)(iia)Section 32(1)(iia)604 judgments

The decision most relied on for additional depreciation is Bajaj Tempo Ltd. v. CIT (196 ITR 188), cited in 289 judgments on BharatTax.

Leading authorities on additional depreciation

Bajaj Tempo Ltd. v. CIT
196 ITR 188 · 1992 · Supreme Court
289
citing judgments

Provisions in taxing statutes that grant incentives, concessions, or exemptions for promoting economic growth and industrialization must be interpreted liberally and purposively. Any restrictions placed on such provisions should also be construed reasonably to advance their objective, not frustrate it.

CIT v. Chaphalkar Brothers
400 ITR 279 · 2018 · Supreme Court
136
citing judgments

A subsidy is classified as a capital receipt if its object is to enable the assessee to set up or expand a new or existing unit. Conversely, it is a revenue receipt if its purpose is to help the assessee run the business more profitably.

CIT v. Rittal India (P) Limited
380 ITR 423 · 2016 · High Court
121
citing judgments

Additional depreciation is allowable under section 32(1)(iia) for new machinery or plant even when put to use for less than 180 days, with the unabsorbed balance available for claim in the subsequent year.

CIT v. Sesa Goa Ltd.
271 ITR 331 · 2004 · Supreme Court
92
citing judgments

Extraction and processing of iron ore constitutes "production" for the purpose of claiming tax benefits like investment allowance under Section 32A and additional depreciation under Section 32(1)(iia), even if it does not amount to "manufacture".

CIT v. Shri T.P. Textiles (P.) Ltd.
394 ITR 483 · 2017 · High Court
73
citing judgments

An assessee is entitled to claim the balance 10% of additional depreciation in the succeeding assessment year if the new plant and machinery were put to use for less than 180 days in the previous year.

CIT v. Hi Tech Arai Ltd.
321 ITR 477 · 2010 · High Court
62
citing judgments

The court may allow additional depreciation under section 32(1)(iia) for new machinery if it is used in the business of any article or thing, even if not directly linked to increasing production capacity.

CIT v. VTM Ltd.
319 ITR 336 · 2009 · High Court
49
citing judgments

An assessee engaged in the manufacture or production of an article or thing is entitled to additional depreciation under Section 32(1)(iia) for new machinery or plant, such as a windmill for power generation, even if it is not directly used in the primary manufacturing activity.

South Indian Bank Ltd. v. CIT
262 ITR 579 · 2003 · High Court
48
citing judgments

For banks, bad debts written off from non-rural advances are not subject to the limitations of the provisos to sections 36(1)(vii) and 36(1)(viii), as these provisos apply only to rural advances; section 36(1)(viia) also applies exclusively to rural advances. Additionally, depreciation on investments valued at market price on the balance sheet date is eligible for deduction.

Judgments citing additional depreciation

Hyundai Motor India Limited, Kancheepuram vs. DCIT Non Corp Circle 8(1), Chennai

In the result, appeal filed by the assessee is dismissed

ITA 609/CHNY/2024[2016-17]Status: DisposedITAT Chennai21 Aug 2024AY 2016-17

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 609/Chny/2024 िनधा"रणवष" / Assessment Year: 2016-17 Deputy Commissioner Of Income M/S. Hyundai Motor India V. Tax, Limited, Non Corporate Circle – 8(1), Plot No. H-1, Sipcot Chennai – 600 034. Industrial Park, Irungatukottai, Sriperumbudurtaluk, Kancheepuram District, Tamil Nadu – 602 117. [Pan: Aaach-2364-M] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri. S.P. Chidambaram, Advocate ""यथ"क"ओरसे/Respondent By : Shri. V. Nanda Kumar, Cit सुनवाई क" तार"ख/Date Of Hearing : 06.06.2024 घोषणा क" तार"ख/Date Of Pronouncement : 21.08.2024 आदेश /O R D E R

For Appellant: Shri. S.P. Chidambaram, AdvocateFor Respondent: Shri. V. Nanda Kumar, CIT
Section 115JSection 143(3)Section 14ASection 250Section 43BSection 92

including disallowances u/s.14A, r.w.r 8D of IT Rules, 1962, disallowance of subsidy received towards capital expenditure, disallowance of focus marketing scheme expenses, disallowance of additional depreciation claimed on fixed assets for regional offices and disallowance of bonus / performance reward u/s.43B of the Act. The assessee has filed objections before learned

Nahar Poly Films Limited, Ludhiana vs. DCIT, Circle-1, Ludhiana

In the result, the appeal is allowed

ITA 458/CHANDI/2023[2015-16]Status: DisposedITAT Chandigarh19 Aug 2024AY 2015-16

Bench: Shri A.D. Jain & Dr Krinwant Sahayआयकर अपील सं./ Ita No. 458/Chd/2023 "नधा"रण वष" / Assessment Year: 2015-2016 Nahar Poly Films Limited, Vs. The Dcit, बनाम 375, Industrial Area-A, Circle-1, Ludhiana 141003 Aayakar Bhawan, Rishi Nagar, Ludhiana "थायी लेखा सं./Pan No: Aaacn5708K अपीलाथ"/ Appellant ""यथ"/ Repsondent ( Physical Hearing ) "नधा"रती क" ओर से/Assessee By : Sh. Navdeep Sharma, Advocate राज"व क" ओर से/ Revenue By : Smt. Kusum Bansal, Cit Dr सुनवाई क" तार"ख/Date Of Hearing : 29.05.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 19.08.2024 आदेश/Order Per Dr. Krinwant Sahay, A.M.:

For Appellant: Sh. Navdeep Sharma, AdvocateFor Respondent: Smt. Kusum Bansal, CIT DR
Section 14Section 14A

National Faceless Appeal Centre (NFAC), Delhi, erred in law and on facts in not directing the Ld Assessing Officer to allow the additional depreciation of Rs. 20,48,585/- being balance 10% on the cost of machinery which was put to use for less than 180 days during the preceding ... year and restricted during the said year. Direction may be given to allow the said additional depreciation in the year under appeal on the cost of machinery put to use during the preceding year but was restricted because of its use for less than 180 days. 6. That the Worthy

Natesan Precision Components Private Limited, Chennai vs. DCIT, Corp Circle 4(1), Chennai

In the result, appeal filed by the assessee is allowed

ITA 1397/CHNY/2024[2018-19]Status: DisposedITAT Chennai09 Aug 2024AY 2018-19

Bench: Shri Mahavir Singh, Hon’Ble & Shri S.R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 1397/Chny/2024 िनधा"रणवष" / Assessment Year: 2018-19 Natesan Precision Components Dcit, Private Limited, V. Corporate Circle -4(1), No.54/4, Paul Wells Road, Chennai. St. Thomas Mount, Chennai – 600 016. [Pan: Aaacn-9992-M] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri. G. Tarun, Advocate : Shri. T.M. Suganthamala, Addl. Cit ""यथ"क"ओरसे/Respondent By सुनवाई क" तारीख/Date Of Hearing : 01.08.2024 घोषणा क" तारीख/Date Of Pronouncement : 09.08.2024

For Appellant: Shri. G. Tarun, Advocate
Section 143(1)Section 143(3)Section 68Section 80I

occasion to examine the action of Bombay High Court holding that if Form 3AA is filed before the assessment proceedings culminated, then additional depreciation shall be allowed and such a claim should not be denied only because assessee did not furnish Form 3AA along with return of income ... learned counsel appearing on behalf of the assessee is concerned, Section 10B (8) is an exemption provision which cannot be compared with claiming an additional depreciation under section 32(1) (ii-a) of the Act. As per the settled position of law, an assessee claiming exemption has to strictly

Huhtamaki India Limited, Mumbai vs. Principal Commissioner of Income-Tax - 6, Mumbai

ITA 2668/MUM/2024[AY 2018-19]Status: DisposedITAT Mumbai29 Jul 2024

Bench: Shriamarjit Singh & Shri Anikesh Banerjeeι.Τ.Α No.2668/Mum/2024 (Assessment Year : 2018-19) Huhtamaki India Limited A-802, Cresenzo, C-38/39 G Block, Brandra Kurla Complex Bandra (East), Mumbai Pan: Aaact0086E Appellant Vs Principal Commissioner Of Income- Tax-6, Mumbai 5Th Floor, Aayakar Bhavan, Mahrishi Karve Road, Mumbai-400 020 Respondent Assessee By : Shri Nikhil Tiwari Respondent By : Shrisolgy Jose T. Kottaram(Cit Dr) Date Of Hearing : 22/07/2024 Date Of Pronouncement : 29/07/2024 Order Per Anikesh Banerjee, J.M: Instant Appeal Of The Assessee Is Preferred Against The Order Of Thelearned Principal Commissioner Of Income-Tax, Mumbai-6 (For Brevity, ‘Ld.Pcit') Passed Under Section 250 Of The Income-Tax Act, 1961 (In Short, ‘The Act'), For Assessment Year 2018-19, Date Of Order21.03.2024.The Impugned Order Was Emanated From The Order Of The National E-Assessment Centre, Delhi, (In Short, ‘The A.O.') Passed Under Section 143(3)Read With Section 144B Of The Act, Date Of Order19/04/2021. 2. The Assessee Has Taken Following Grounds Of Appeal:-

For Appellant: Shri Nikhil TiwariFor Respondent: ShriSolgy Jose T. Kottaram(CIT DR)
Section 143(3)Section 144BSection 250Section 263

PCIT has: 9. Erred in not appreciating the fact that excess depreciation amounting to Rs. 1,24,69,269 is the claim of balance additional depreciation @10% in respect of plant and machinery put to use for less than 180 days during the previous financial year ... Erred in not appreciating the fact that disclosure of said additional depreciation has also been correctly disclosed in the return of income filed for AY 2018-19 as well as AY 2017-18. Ground no. 11 to 13 - Capital loss on disposal of current investment amounting

Assistant Commissioner of Income-Tax, Circle 2(1)(1), Vadodara vs. Gujarat Insecticides Limited, Ankleshwar

Appeal is dismissed

ITA 1035/AHD/2023[2015-16]Status: DisposedITAT Ahmedabad04 Jul 2024AY 2015-16

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokar, Accountnat Member Assessment Year : 2015-16 The Asstt.Commissioner Of Gujarat Insecticides Limited Income Tax Vs Plot No.805/806, Gidc Estate Circle-2(1)(1) Ankleshwar Vadodara Bharuch – 393 002 Pan: Aaacg 8436 D अपीलाथ"/ (Appellant) … "" यथ"/ (Respondent) Assessee By : Ms. Arti Shah, Ar Revenue By : Shri Atul Pandey, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 25/06/2024 घोषणा क" तार"ख /Date Of Pronouncement: 04/07/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal Filed By The Revenue Is Against The Order Of The Ld.Commissioner Of Income Tax (Appeals) – National Faceless Appeal Centre (Nfac), Delhi (Hereinafter Referred To As “The Ld.Cit(A)”) Dated 19/10/2023, Arising Out Of An Appeal Filed By Assessee Against The Order Of Assessing Officer (Hereinafter Referred To As “Ao”) Passed U/S.143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year (Ay) 2015-16. Facts Of The Case: The Acit Vs. Gujarat Insecticides Ltd. Asst. Year : 2015-16

For Appellant: Ms. Arti Shah, ARFor Respondent: Shri Atul Pandey, Sr.DR
Section 143(3)Section 31Section 32(1)(ia)

Miscellaneous & Staff Welfare Expenses - Rs.10,93,430/-. • Addition out of Expenses of Repairs & Maintenance to Plant & Machineries after Depreciation - Rs.74,55,570/-. • Additional Depreciation Excess claimed – Rs.37,38,754/-. 2.1. The assessee filed an appeal against the order of the AO. The Ld. CIT(A), who partly allowed the appeal ... deleting additions made by AO on account of interest, repairs & maintenance and additional depreciation. 3. Aggrieved by the order of the Ld.CIT(A), the Revenue is in appeal before us with following grounds of appeal: “1. Whether Ld. CIT(A) is correct in law and on facts of the case