← 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

Ocl India Ltd., New Delhi vs. DCIT, New Delhi

In the result, appeal of the assessee is partly allowed and appeal of the Revenue is allowed for statistical purpose

ITA 4068/DEL/2015[2007-08]Status: DisposedITAT Delhi23 Sept 2025AY 2007-08

Bench: Shri Vikas Awasthy & Shri Naveen Chandraआअसं.4068/िद"ी/2015(िन.व. 2007-08) Dalmia Bharat Ltd., (Successor In The Interest Of Ocl India Ltd.) 11Th & 12Th Floor, Hansalaya Building, 15, Barakhamba Road, New Delhi 110001 ...... अपीलाथ"/Appellant Pan: Aabco-8750-F बनाम Vs. Deputy Commissioner Of Income Tax, ..... "ितवादी/Respondent Circle 19(1), C R Building New Delhi 110095 आअसं.3767/िद"ी/2015(िन.व. 2007-08) Assistant Commissioner Of Income Tax, Aayakar Bhawan, Uditnagar, Rourkela, ...... अपीलाथ"/Appellant Dist. Sundargarh, Odisha 769012 बनाम Vs. Dalmia Bharat Ltd., Successor Of Ocl India Ltd., 11Th & 12Th Floor, Hansalaya Building, 15, Barakhamba Road, New Delhi 110001 ..... "ितवादी/Respondent Pan: Aabco-8750-F

For Appellant: S/Shri Vijay Shah, Navin Verma &For Respondent: Shri Amaninder Singh Dhindsa &
Section 43(5)Section 43ASection 53A

vide application dated 18.05.2022 has raised additional grounds of appeal in respect of claim of pre operative expenses as Revenue expenditure and claim of additional depreciation in second and subsequent assessment years. Apart from above two issues, the assessee has raised two more additional grounds of appeal i.e. ground ... appeal. In respect of additional ground of appeal no. 2, 3 and 4 i.e. in respect of pre operative expenses and additional depreciation. He submitted that these grounds are legal in nature and no additional/fresh documentary evidences are required for adjudicating these grounds. Therefore, this ground should be admitted

DCIT, New Delhi vs. M/S Ocl India Pvt. Ltd., New Delhi

In the result, appeal of the assessee is partly allowed and appeal of the Revenue is allowed for statistical purpose

ITA 3767/DEL/2015[2007-08]Status: DisposedITAT Delhi23 Sept 2025AY 2007-08

Bench: Shri Vikas Awasthy & Shri Naveen Chandraआअसं.4068/िद"ी/2015(िन.व. 2007-08) Dalmia Bharat Ltd., (Successor In The Interest Of Ocl India Ltd.) 11Th & 12Th Floor, Hansalaya Building, 15, Barakhamba Road, New Delhi 110001 ...... अपीलाथ"/Appellant Pan: Aabco-8750-F बनाम Vs. Deputy Commissioner Of Income Tax, ..... "ितवादी/Respondent Circle 19(1), C R Building New Delhi 110095 आअसं.3767/िद"ी/2015(िन.व. 2007-08) Assistant Commissioner Of Income Tax, Aayakar Bhawan, Uditnagar, Rourkela, ...... अपीलाथ"/Appellant Dist. Sundargarh, Odisha 769012 बनाम Vs. Dalmia Bharat Ltd., Successor Of Ocl India Ltd., 11Th & 12Th Floor, Hansalaya Building, 15, Barakhamba Road, New Delhi 110001 ..... "ितवादी/Respondent Pan: Aabco-8750-F

For Appellant: S/Shri Vijay Shah, Navin Verma &For Respondent: Shri Amaninder Singh Dhindsa &
Section 43(5)Section 43ASection 53A

vide application dated 18.05.2022 has raised additional grounds of appeal in respect of claim of pre operative expenses as Revenue expenditure and claim of additional depreciation in second and subsequent assessment years. Apart from above two issues, the assessee has raised two more additional grounds of appeal i.e. ground ... appeal. In respect of additional ground of appeal no. 2, 3 and 4 i.e. in respect of pre operative expenses and additional depreciation. He submitted that these grounds are legal in nature and no additional/fresh documentary evidences are required for adjudicating these grounds. Therefore, this ground should be admitted

Keystone Foundation, Nilgiris vs. ACIT, Exemptions Ward, Coimbatore

In the result, the appeal filed by the assessee is allowed

ITA 1680/CHNY/2025[2023-24]Status: DisposedITAT Chennai29 Aug 2025AY 2023-24

Bench: Shri S.S. Viswanethra Ravi & Shri S.R. Raghunathaआयकर अपील सं./I.T.A. No.1680/Chny/2025 िनधा"रण वष"/Assessment Year: 2023-24 Keystone Foundation, Vs. The Assistant Commissioner Of P.B. No. 35, Groves Hill Road, Income Tax, Kotagiri, Nilgiris 643 217. Exemptions Ward, Coimbatore. [Pan:Aaatk0218N] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri N. Arjun Raj, Advocate ""थ" की ओर से/Respondent By : Shri N. Rajakumar, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 26.08.2025 घोषणा की तारीख /Date Of Pronouncement : 29.08.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 29.05.2025 Passed By The Addl/Jcit(A)-9, Delhi For The Assessment Year 2023-24. 2. The Ld. Ar Shri N. Arjun Raj, Advocate Submits That The Assessee Raised 9 Grounds Of Appeal Amongst Which, The Only Issue Emanates In Challenging The Action Of The Ld. Cit(A) In Confirming The Disallowance Made On Account Of Non-Filing Of Audit Report In Form 10B In The Facts & Circumstances Of The Case.

For Appellant: Shri N. Arjun Raj, AdvocateFor Respondent: Shri N. Rajakumar, Addl. CIT
Section 11Section 139(1)Section 139(5)Section 143(1)Section 143(1)(A)Section 164(2)

suffice to reproduce para 2 of the impugned order whereby action of Income Tax Appellate Tribunal was held to be justified in allowing additional depreciation as claimed by the respondent-assessee herein: - "Additional depreciation is denied to the assessee on the ground that the assessee has failed to furnish form ... Admittedly, Form 3AA was submitted during the course of assessment proceedings and it is not in dispute that the assessee is entitled to the additional depreciation. In these circumstances, in the light of the judgment of this Court in the case of Commissioner of Income Tax v. Shivanand Electronics

Electronica Finance Limited, Pune vs. Income Tax Officer, Pmt Building, Pune

In the result, the appeal of the assessee stands allowed

ITA 1112/PUN/2025[2023-24]Status: DisposedITAT Pune26 Aug 2025AY 2023-24

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1111 & 1112/Pun/2025 िनधा"रण वष" / Assessment Years : 2022-23 & 2023-24 Electronica Finance Limited, Vs. Dcit, Cpc, Bengaluru. Audumber, 101/1, Dr. Ketkar Road, Pune City, Deccan, Gymkhana, S.O., Pune- 411004. Pan : Aaace4577B Appellant Respondent Assessee By : Shri Narendra Joshi (Virtual) Revenue By Shri Ramnath P. Murkunde : Date Of Hearing : 21.08.2025 Date Of Pronouncement : 26.08.2025 आदेश / Order Per Vinay Bhamore, Jm: Both The Above Captioned Appeals Filed By The Assessee Are Directed Against The Separate Orders Dated 28.02.2025 Passed By Ld. Addl./Jcit(A)-1, Surat [‘Ld. Cit(A)’] For The Assessment Years 2022-23 & 2023-24 Respectively. 2. Since Identical Facts & Common Issues Are Involved In Both The Above Captioned Appeals Of The Assessee, Therefore, We Proceed To Dispose Of The Same By This Common Order. 3. First, We Shall Take Up The Appeal Of The Assessee In Ita No.1111/Pun/2025 For Assessment Year 2022-23 As The Lead Case For Adjudication.

For Appellant: Shri Narendra Joshi (Virtual)
Section 139(1)Section 143(1)Section 80J

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

Electronica Finance Limited, Pune vs. Income Tax Officer, Pmt Building, Pune

In the result, the appeal of the assessee stands allowed

ITA 1111/PUN/2025[2022-23]Status: DisposedITAT Pune26 Aug 2025AY 2022-23

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1111 & 1112/Pun/2025 िनधा"रण वष" / Assessment Years : 2022-23 & 2023-24 Electronica Finance Limited, Vs. Dcit, Cpc, Bengaluru. Audumber, 101/1, Dr. Ketkar Road, Pune City, Deccan, Gymkhana, S.O., Pune- 411004. Pan : Aaace4577B Appellant Respondent Assessee By : Shri Narendra Joshi (Virtual) Revenue By Shri Ramnath P. Murkunde : Date Of Hearing : 21.08.2025 Date Of Pronouncement : 26.08.2025 आदेश / Order Per Vinay Bhamore, Jm: Both The Above Captioned Appeals Filed By The Assessee Are Directed Against The Separate Orders Dated 28.02.2025 Passed By Ld. Addl./Jcit(A)-1, Surat [‘Ld. Cit(A)’] For The Assessment Years 2022-23 & 2023-24 Respectively. 2. Since Identical Facts & Common Issues Are Involved In Both The Above Captioned Appeals Of The Assessee, Therefore, We Proceed To Dispose Of The Same By This Common Order. 3. First, We Shall Take Up The Appeal Of The Assessee In Ita No.1111/Pun/2025 For Assessment Year 2022-23 As The Lead Case For Adjudication.

For Appellant: Shri Narendra Joshi (Virtual)
Section 139(1)Section 143(1)Section 80J

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

Brahmos Realty Private Limited, Mumbai vs. Income Tax Officer Ward 9(2)(1), Mumbai

In the result, appeal of the assessee is partly allowed for statistical

ITA 4119/MUM/2025[2024-25]Status: DisposedITAT Mumbai19 Aug 2025AY 2024-25

Bench: Shri Amit Shukla & Shri Arun Khodpiaआयकर अपील सं. / Ita No.4119/Mum/2025 निर्धारण वर्ष / Assessment Year :2024-25 Brahmos Realty Private Limited A-10002, Aristo Sappyhire, 2Nd Floor, Hasnabad Lane, Santakruz (W), Mumbai-400 054 (M.H) Pan: Aadcr5685C ...........अपीलार्थी / Appellant बनाम / V/S. The Income Tax Officer, Ward-9(2)(1),Mumbai (M.H.) .......प्रत्यर्थी / Respondent Assessee By Revenue By : Shri B.N Rao : Shri Aditya Rai, Sr. Dr सुनवाई की तारीख / Date Of Hearing :13.08.2025 घोषणा की तारीख / Date Of Pronouncement : 19.08.2025 2 Brahmos Realty Private Limited Vs. Ito, Ward-9(2)(1)

For Respondent: Shri B.N Rao
Section 115BSection 115JSection 143(1)Section 250

Supreme Court in the case of CIT VS. G.M Knitting Industries Pvt. Ltd (2015) 376 ITR 456 (SC), wherein the claim of additional depreciation made by the assessee was upheld even though the claim in Form 3AA was not made while filing the return of income, which was furnished subsequently ... Supreme Court in the case of CIT VS. G.M Knitting Industries Pvt. Ltd (2015) 376 ITR 456 (SC), wherein the claim of additional depreciation made by the assessee was upheld even though the claim in Form 3AA was not made while filing the return of income, which was furnished subsequently