← All Phrases

“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

M/S. Maheshwari Logistics Private Limited, Vapi vs. Principal Commissioner of Income Tax, Valsad

In the result, appeal of the assessee is allowed

ITA 377/SRT/2023[2018-19]Status: DisposedITAT Surat25 Sept 2023AY 2018-19

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.377/Srt/2023 ("नधा"रणवष" / Assessment Year: (2018-19) (Virtual Court Hearing) Maheshwari Logistics Ltd. Principal Commissioner Of Income Tax, Valsad, Room No.301, 3Rd Floor, Shed No.A2-3/2 Mll House, Vs. Opp. Upl, 1St Phase, Gidc, Income Tax Office, Palak Arcade, Pali Vapi, Valsad-396195 Hill, Santi Nagar, Tithal Road, Valsad- 396001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaecm 8332 N (अपीलाथ" /Appellant) (""थ"/Respondent) िनधा"रती की ओर से /Assessee By : Shri Sakar Sharma, C.A राज"व क" ओर से /Respondent By: Shri Ashok B. Koli, Cit-Dr

For Appellant: Shri Sakar Sharma, C.AFor Respondent: Shri Ashok B. Koli, CIT-DR
Section 143(3)Section 263

must be verified. In the present case the assessee has purchased fixed asset amounting to Rs.30.84 crores and claimed the depreciation as well as additional depreciation during the year under consideration none of these aspects have been verified defying the CBDT Circular as well as the duty cast upon ... must be verified in the present case the assessee has purchased fixed asset amounting to Rs.30.84 Crores and claimed the depreciation as well as additional depreciation during the year under consideration, none of these aspects have been verified defying the CBDT circular as well as duty cast upon the Assessing

Alok Ferro Alloys Ltd., Raipur vs. Deputy Commissioner of Income Tax, Circle-1(1), Raipur

In the result ground no 6 of the appeal of the assessee is partly allowed for statistical purposes

ITA 265/RPR/2022[2012-13]Status: DisposedITAT Raipur18 Aug 2023AY 2012-13

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं./Ita No.265/Rpr/2022 निर्धारण वर्ष /Assessment Year: 2012-13 V. M/S.Alok Ferro Alloys Ltd., The Dy. Commissioner- Plot No.458/459, Of Income Tax, Urla Industrial Area, Raipur, Circle-1(1), Raipur. Chhattisgarh-493 221. [Pan: Aacca 0569 P] (अपीलार्थीर्थी/Appellant) (प्रत्यर्थी/Respondent) : अपीलार्थी की ओर से/ Appellant By Mr.R.B.Doshi, Ca प्रत्यर्थी की ओर से /Respondent By : Mr.Satya Prakash Sharma, Sr.Dr : सुनवाई ई की तारीखरीख/Date Of Hearing 08.08.2023 घोषणा की तारीखरीख /Date Of Pronouncement : 18.08.2023

For Respondent: Mr.Satya Prakash Sharma
Section 143(3)Section 14ASection 40

arbitrary baseless and not justified. 6. Ld.CIT (A) erred in confirming addition/disallowance of Rs.4,06,916/- Not considered the additional depreciation on the contention that no new plant and machinery was found to be installed and put to use, which is highly arbitrary, unwarranted and unjustified. The disallowance made ... stands dismissed. 11. Ground No.6 of the assessee’s appeal pertaining to additional disallowance of Rs.4,06,916/- upholding the addition on account of additional depreciation made by the AO. The Ld.AR of the assessee drew our attention to Page No.3 of the assessment order, wherein, while making this addition