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“block of assets”

DepreciationSection 2(11)Section 2(11)848 judgments

The decision most relied on for block of assets is CIT v. Meghalaya Steels Ltd. (383 ITR 217), cited in 203 judgments on BharatTax.

Leading authorities on block of assets

CIT v. Meghalaya Steels Ltd.
383 ITR 217 · 2016 · Supreme Court
203
citing judgments

Subsidies and excise duty refunds that are accounted for in the Profit and Loss account are revenue in nature, form part of business income, and are eligible for deductions under Section 80IB/80IC. Such receipts cannot be reduced from the block of assets for depreciation calculation.

CIT v. Oswal Agro Mills Ltd.
341 ITR 467 · 2012 · High Court
108
citing judgments

The Legislature abolished terminal depreciation under section 32(1)(iii) and the taxing of balancing charge under section 41(2), replacing these provisions with the requirement to reduce sale proceeds of depreciable assets from the block of assets.

CIT, Panji v. Dempo Company Limited
74 Taxmann.com 15 · 2016 · Supreme Court
62
citing judgments

The 20% tax rate under Section 112 applies to capital gains arising from the transfer of a depreciable asset, even if it is deemed a short-term capital gain under Section 50, provided the asset was held for more than 36 months. The fiction created by Section 50 for treating such gains as short-term does not alter the long-term nature of the asset for applying the tax rate under Section 112.

CIT v. Raj Pal Bhatia
333 ITR 315 · 2011 · High Court
54
citing judgments

A statement recorded under Section 132(4) during a search operation is not considered "books of account," "documents," or "assets found or seized" for the purpose of initiating search assessments under Chapter XIVB (e.g., Section 158BD or 153C). Such a statement is created during the search and cannot solely form the basis for assessment without other incriminating material found.

Sharp Business System v. CIT
254 CTR 233 · 2012 · High Court
50
citing judgments

Depreciation is allowable on a non-compete fee as it constitutes an intangible asset, even if the right acquired cannot be transferred, provided it is treated as part of a block of assets.

341 ITR 467 (Del) (3) ACIT v. S.K. Patel Family Trust
38 SOT 208 · 2010 · ITAT
34
citing judgments

Depreciation on a building used for business purposes should be allowed following the rule of consistency if it was allowed in earlier assessment orders and the Assessing Officer raised no doubts about its use.

(1) CIT v. Bharat Aluminium Co. Ltd.
187 Taxmann 111 · 2010 · High Court
25
citing judgments

Depreciation must be allowed on the entire block of assets as defined in Section 2(11) of the Income-tax Act, and individual assets of each unit cannot be considered separately for this purpose.

60 Taxman 412 (SC) II. DIT v. HSBC Asset Management (I)(P) Ltd.
47 Taxmann.com 286 · 2014 · High Court
23
citing judgments

Depreciation on an asset forming part of a block of assets must be allowed in subsequent years if it was allowed in an earlier year. The opening written down value in a year cannot be disputed if it was correctly carried forward.

Judgments citing block of assets

Sundram Finance Lomited, Chennai vs. ACIT, Circle-1, Ltu, Chennai

ITA 81/CHNY/2022[2017-18]Status: DisposedITAT Chennai28 Jun 2024AY 2017-18

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita Nos.: 07, 08 & 09/Chny/2018 िनधा"रणवष" / Assessment Years: 2010-11, 2011-12 & 2011-12 Deputy Commissioner Of Income Sundaram Finance Limited, V. Tax, 21, Patullos Road, Large Taxpayer Unit -1, Chennai – 600 002. Chennai – 34. [Pan: Aaacs-4944-A] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकरअपीलसं./Ita Nos.: 26, 27 & 28/Chny/2018 िनधा"रणवष" / Assessment Years: 2010-11, 2011-12 & 2011-12 Sundaram Finance Limited, Deputy Commissioner Of Income V. 21, Patullos Road, Tax, Chennai – 600 002. Large Taxpayer Unit -1, [Pan: Aaacs-4944-A] Chennai – 34. (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri. R. vijayaraghavan, AdvocateFor Respondent: Shri. V. Nandakumar, CIT
Section 143(3)

that the company has debited an expenditure of loss on sale of assets which includes both loss on sale of assets from the ‘block of assets’ and also loss on sale of ‘repossessed assets’. The assessee has disallowed the loss on the sale of block of assets, since ... 81/Chny/2022 ITA No: 636/Chny/2023 depreciation on the block of assets has been claimed by the assessee on year-on-year basis. 16.6 However, the assessee is into business of financing for purchase of assets to customers and in case of default in repayment, such assets are repossessed

Sundaram Finance Limited, Chennai vs. ACIT, Circle-A. Ltu, Chennai

ITA 80/CHNY/2022[2016-17]Status: DisposedITAT Chennai28 Jun 2024AY 2016-17

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita Nos.: 07, 08 & 09/Chny/2018 िनधा"रणवष" / Assessment Years: 2010-11, 2011-12 & 2011-12 Deputy Commissioner Of Income Sundaram Finance Limited, V. Tax, 21, Patullos Road, Large Taxpayer Unit -1, Chennai – 600 002. Chennai – 34. [Pan: Aaacs-4944-A] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकरअपीलसं./Ita Nos.: 26, 27 & 28/Chny/2018 िनधा"रणवष" / Assessment Years: 2010-11, 2011-12 & 2011-12 Sundaram Finance Limited, Deputy Commissioner Of Income V. 21, Patullos Road, Tax, Chennai – 600 002. Large Taxpayer Unit -1, [Pan: Aaacs-4944-A] Chennai – 34. (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri. R. vijayaraghavan, AdvocateFor Respondent: Shri. V. Nandakumar, CIT
Section 143(3)

that the company has debited an expenditure of loss on sale of assets which includes both loss on sale of assets from the ‘block of assets’ and also loss on sale of ‘repossessed assets’. The assessee has disallowed the loss on the sale of block of assets, since ... 81/Chny/2022 ITA No: 636/Chny/2023 depreciation on the block of assets has been claimed by the assessee on year-on-year basis. 16.6 However, the assessee is into business of financing for purchase of assets to customers and in case of default in repayment, such assets are repossessed

Sundaram Finance, Chennai vs. DCIT, Ltu-1, Chennai

ITA 79/CHNY/2022[2015-16]Status: DisposedITAT Chennai28 Jun 2024AY 2015-16

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita Nos.: 07, 08 & 09/Chny/2018 िनधा"रणवष" / Assessment Years: 2010-11, 2011-12 & 2011-12 Deputy Commissioner Of Income Sundaram Finance Limited, V. Tax, 21, Patullos Road, Large Taxpayer Unit -1, Chennai – 600 002. Chennai – 34. [Pan: Aaacs-4944-A] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकरअपीलसं./Ita Nos.: 26, 27 & 28/Chny/2018 िनधा"रणवष" / Assessment Years: 2010-11, 2011-12 & 2011-12 Sundaram Finance Limited, Deputy Commissioner Of Income V. 21, Patullos Road, Tax, Chennai – 600 002. Large Taxpayer Unit -1, [Pan: Aaacs-4944-A] Chennai – 34. (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri. R. vijayaraghavan, AdvocateFor Respondent: Shri. V. Nandakumar, CIT
Section 143(3)

that the company has debited an expenditure of loss on sale of assets which includes both loss on sale of assets from the ‘block of assets’ and also loss on sale of ‘repossessed assets’. The assessee has disallowed the loss on the sale of block of assets, since ... 81/Chny/2022 ITA No: 636/Chny/2023 depreciation on the block of assets has been claimed by the assessee on year-on-year basis. 16.6 However, the assessee is into business of financing for purchase of assets to customers and in case of default in repayment, such assets are repossessed

Sundaram Finance Ltd, Chennai vs. DCIT, Large Taxpayer Unit-1, Chennai

ITA 9/CHNY/2018[2011-12]Status: DisposedITAT Chennai28 Jun 2024AY 2011-12

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita Nos.: 07, 08 & 09/Chny/2018 िनधा"रणवष" / Assessment Years: 2010-11, 2011-12 & 2011-12 Deputy Commissioner Of Income Sundaram Finance Limited, V. Tax, 21, Patullos Road, Large Taxpayer Unit -1, Chennai – 600 002. Chennai – 34. [Pan: Aaacs-4944-A] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकरअपीलसं./Ita Nos.: 26, 27 & 28/Chny/2018 िनधा"रणवष" / Assessment Years: 2010-11, 2011-12 & 2011-12 Sundaram Finance Limited, Deputy Commissioner Of Income V. 21, Patullos Road, Tax, Chennai – 600 002. Large Taxpayer Unit -1, [Pan: Aaacs-4944-A] Chennai – 34. (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri. R. vijayaraghavan, AdvocateFor Respondent: Shri. V. Nandakumar, CIT
Section 143(3)

that the company has debited an expenditure of loss on sale of assets which includes both loss on sale of assets from the ‘block of assets’ and also loss on sale of ‘repossessed assets’. The assessee has disallowed the loss on the sale of block of assets, since ... 81/Chny/2022 ITA No: 636/Chny/2023 depreciation on the block of assets has been claimed by the assessee on year-on-year basis. 16.6 However, the assessee is into business of financing for purchase of assets to customers and in case of default in repayment, such assets are repossessed

Sundaram Finance Ltd, Chennai vs. DCIT, Large Taxpayer Unit-1, Chennai

ITA 8/CHNY/2018[2011-12]Status: DisposedITAT Chennai28 Jun 2024AY 2011-12

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita Nos.: 07, 08 & 09/Chny/2018 िनधा"रणवष" / Assessment Years: 2010-11, 2011-12 & 2011-12 Deputy Commissioner Of Income Sundaram Finance Limited, V. Tax, 21, Patullos Road, Large Taxpayer Unit -1, Chennai – 600 002. Chennai – 34. [Pan: Aaacs-4944-A] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकरअपीलसं./Ita Nos.: 26, 27 & 28/Chny/2018 िनधा"रणवष" / Assessment Years: 2010-11, 2011-12 & 2011-12 Sundaram Finance Limited, Deputy Commissioner Of Income V. 21, Patullos Road, Tax, Chennai – 600 002. Large Taxpayer Unit -1, [Pan: Aaacs-4944-A] Chennai – 34. (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri. R. vijayaraghavan, AdvocateFor Respondent: Shri. V. Nandakumar, CIT
Section 143(3)

that the company has debited an expenditure of loss on sale of assets which includes both loss on sale of assets from the ‘block of assets’ and also loss on sale of ‘repossessed assets’. The assessee has disallowed the loss on the sale of block of assets, since ... 81/Chny/2022 ITA No: 636/Chny/2023 depreciation on the block of assets has been claimed by the assessee on year-on-year basis. 16.6 However, the assessee is into business of financing for purchase of assets to customers and in case of default in repayment, such assets are repossessed

Sundaram Finance Ltd, Chennai vs. DCIT, Large Taxpayer Unit-1, Chennai

ITA 7/CHNY/2018[2010-11]Status: DisposedITAT Chennai28 Jun 2024AY 2010-11

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita Nos.: 07, 08 & 09/Chny/2018 िनधा"रणवष" / Assessment Years: 2010-11, 2011-12 & 2011-12 Deputy Commissioner Of Income Sundaram Finance Limited, V. Tax, 21, Patullos Road, Large Taxpayer Unit -1, Chennai – 600 002. Chennai – 34. [Pan: Aaacs-4944-A] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकरअपीलसं./Ita Nos.: 26, 27 & 28/Chny/2018 िनधा"रणवष" / Assessment Years: 2010-11, 2011-12 & 2011-12 Sundaram Finance Limited, Deputy Commissioner Of Income V. 21, Patullos Road, Tax, Chennai – 600 002. Large Taxpayer Unit -1, [Pan: Aaacs-4944-A] Chennai – 34. (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri. R. vijayaraghavan, AdvocateFor Respondent: Shri. V. Nandakumar, CIT
Section 143(3)

that the company has debited an expenditure of loss on sale of assets which includes both loss on sale of assets from the ‘block of assets’ and also loss on sale of ‘repossessed assets’. The assessee has disallowed the loss on the sale of block of assets, since ... 81/Chny/2022 ITA No: 636/Chny/2023 depreciation on the block of assets has been claimed by the assessee on year-on-year basis. 16.6 However, the assessee is into business of financing for purchase of assets to customers and in case of default in repayment, such assets are repossessed

DCIT, Chennai vs. M/S, Sundaram Finance Ltd., Chennai

ITA 28/CHNY/2018[2011-12]Status: DisposedITAT Chennai28 Jun 2024AY 2011-12

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita Nos.: 07, 08 & 09/Chny/2018 िनधा"रणवष" / Assessment Years: 2010-11, 2011-12 & 2011-12 Deputy Commissioner Of Income Sundaram Finance Limited, V. Tax, 21, Patullos Road, Large Taxpayer Unit -1, Chennai – 600 002. Chennai – 34. [Pan: Aaacs-4944-A] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकरअपीलसं./Ita Nos.: 26, 27 & 28/Chny/2018 िनधा"रणवष" / Assessment Years: 2010-11, 2011-12 & 2011-12 Sundaram Finance Limited, Deputy Commissioner Of Income V. 21, Patullos Road, Tax, Chennai – 600 002. Large Taxpayer Unit -1, [Pan: Aaacs-4944-A] Chennai – 34. (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri. R. vijayaraghavan, AdvocateFor Respondent: Shri. V. Nandakumar, CIT
Section 143(3)

that the company has debited an expenditure of loss on sale of assets which includes both loss on sale of assets from the ‘block of assets’ and also loss on sale of ‘repossessed assets’. The assessee has disallowed the loss on the sale of block of assets, since ... 81/Chny/2022 ITA No: 636/Chny/2023 depreciation on the block of assets has been claimed by the assessee on year-on-year basis. 16.6 However, the assessee is into business of financing for purchase of assets to customers and in case of default in repayment, such assets are repossessed

ACIT, Chennai vs. M/S Sundaram Finance Ltd, Chennai

ITA 27/CHNY/2018[2011-12]Status: DisposedITAT Chennai28 Jun 2024AY 2011-12

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita Nos.: 07, 08 & 09/Chny/2018 िनधा"रणवष" / Assessment Years: 2010-11, 2011-12 & 2011-12 Deputy Commissioner Of Income Sundaram Finance Limited, V. Tax, 21, Patullos Road, Large Taxpayer Unit -1, Chennai – 600 002. Chennai – 34. [Pan: Aaacs-4944-A] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकरअपीलसं./Ita Nos.: 26, 27 & 28/Chny/2018 िनधा"रणवष" / Assessment Years: 2010-11, 2011-12 & 2011-12 Sundaram Finance Limited, Deputy Commissioner Of Income V. 21, Patullos Road, Tax, Chennai – 600 002. Large Taxpayer Unit -1, [Pan: Aaacs-4944-A] Chennai – 34. (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri. R. vijayaraghavan, AdvocateFor Respondent: Shri. V. Nandakumar, CIT
Section 143(3)

that the company has debited an expenditure of loss on sale of assets which includes both loss on sale of assets from the ‘block of assets’ and also loss on sale of ‘repossessed assets’. The assessee has disallowed the loss on the sale of block of assets, since ... 81/Chny/2022 ITA No: 636/Chny/2023 depreciation on the block of assets has been claimed by the assessee on year-on-year basis. 16.6 However, the assessee is into business of financing for purchase of assets to customers and in case of default in repayment, such assets are repossessed

DCIT, Chennai vs. M/S, Sundaram Finance Ltd., Chennai

ITA 26/CHNY/2018[2010-11]Status: DisposedITAT Chennai28 Jun 2024AY 2010-11

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita Nos.: 07, 08 & 09/Chny/2018 िनधा"रणवष" / Assessment Years: 2010-11, 2011-12 & 2011-12 Deputy Commissioner Of Income Sundaram Finance Limited, V. Tax, 21, Patullos Road, Large Taxpayer Unit -1, Chennai – 600 002. Chennai – 34. [Pan: Aaacs-4944-A] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकरअपीलसं./Ita Nos.: 26, 27 & 28/Chny/2018 िनधा"रणवष" / Assessment Years: 2010-11, 2011-12 & 2011-12 Sundaram Finance Limited, Deputy Commissioner Of Income V. 21, Patullos Road, Tax, Chennai – 600 002. Large Taxpayer Unit -1, [Pan: Aaacs-4944-A] Chennai – 34. (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri. R. vijayaraghavan, AdvocateFor Respondent: Shri. V. Nandakumar, CIT
Section 143(3)

that the company has debited an expenditure of loss on sale of assets which includes both loss on sale of assets from the ‘block of assets’ and also loss on sale of ‘repossessed assets’. The assessee has disallowed the loss on the sale of block of assets, since ... 81/Chny/2022 ITA No: 636/Chny/2023 depreciation on the block of assets has been claimed by the assessee on year-on-year basis. 16.6 However, the assessee is into business of financing for purchase of assets to customers and in case of default in repayment, such assets are repossessed

M/S H.P.State Forest Coprn. Ltd., Shimla vs. JCIT, S.R., Shimla

In the result, the present appeal of Appellant/Assessee is allowed and impugned order of Ld

ITA 281/CHANDI/2000[1991-92]Status: DisposedITAT Chandigarh06 Jun 2024AY 1991-92

Bench: Shri Vikram Singh Yadav& Shri Paresh M. Joshiआयकरअपीलसं./Ita Nos.280& 281/Chd/2000 िनधा"रणवष" / Assessment Years : 1990-91& 1991-92 M/S H.P. State Forest Corp. Ltd. Vs The Jcit, Van Nigam Kasumpti Shimla Shimla "ायीलेखासं./Pan No: Aaach4036L अपीलाथ"/Appellant ""यथ"/Respondent िनधा"रतीक"ओरसे/Assessee By: Shri Y.K. Sud, Ca राज"वक"ओरसे/ Revenue By : Sh.Sarabjeet Singh, Cit-Dr सुनवाईक"तारीख/Date Of Hearing : 28.05.2024 उदघोषणाक"तारीख/Date Of Pronouncement : 06.06.2024 Hybridhearing आदेश/Order Per Paresh M. Joshi, Jm: Both The Above Appeals Have Been Filed By The Assessee. Since The Issues Involved In Both The Above Appeals Are Common & Were Heard Together Therefore They Are Being Disposed Off By This Consolidated Order For The Sake Of Brevity. We Shall Take Appeal Of The Assessee In Ita No. 280/Chd/2000 As A Lead Case.

For Appellant: Shri Y.K. Sud, CAFor Respondent: Sh.Sarabjeet Singh, CIT-DR
Section 139(9)Section 142(1)Section 143(1)(a)Section 143(2)Section 144Section 148Section 148(1)Section 151(2)Section 250Section 253

ccount on account of loss on sales/destruction of fixed assets. Since as per law this amount should have been reduced from the block of assets. The same is disallowed a nd added back. 17. In final analysis with above observations, total income of the Assessee Corporation was computed

M/S H.P.State Forest Coprn. Ltd., Shimla vs. JCIT, S.R., Shimla

In the result, the present appeal of Appellant/Assessee is allowed and impugned order of Ld

ITA 280/CHANDI/2000[1990-91]Status: DisposedITAT Chandigarh06 Jun 2024AY 1990-91

Bench: Shri Vikram Singh Yadav& Shri Paresh M. Joshiआयकरअपीलसं./Ita Nos.280& 281/Chd/2000 िनधा"रणवष" / Assessment Years : 1990-91& 1991-92 M/S H.P. State Forest Corp. Ltd. Vs The Jcit, Van Nigam Kasumpti Shimla Shimla "ायीलेखासं./Pan No: Aaach4036L अपीलाथ"/Appellant ""यथ"/Respondent िनधा"रतीक"ओरसे/Assessee By: Shri Y.K. Sud, Ca राज"वक"ओरसे/ Revenue By : Sh.Sarabjeet Singh, Cit-Dr सुनवाईक"तारीख/Date Of Hearing : 28.05.2024 उदघोषणाक"तारीख/Date Of Pronouncement : 06.06.2024 Hybridhearing आदेश/Order Per Paresh M. Joshi, Jm: Both The Above Appeals Have Been Filed By The Assessee. Since The Issues Involved In Both The Above Appeals Are Common & Were Heard Together Therefore They Are Being Disposed Off By This Consolidated Order For The Sake Of Brevity. We Shall Take Appeal Of The Assessee In Ita No. 280/Chd/2000 As A Lead Case.

For Appellant: Shri Y.K. Sud, CAFor Respondent: Sh.Sarabjeet Singh, CIT-DR
Section 139(9)Section 142(1)Section 143(1)(a)Section 143(2)Section 144Section 148Section 148(1)Section 151(2)Section 250Section 253

ccount on account of loss on sales/destruction of fixed assets. Since as per law this amount should have been reduced from the block of assets. The same is disallowed a nd added back. 17. In final analysis with above observations, total income of the Assessee Corporation was computed

Ifb Automotive Pvt. Ltd., Kolkata vs. DCIT, Cir. 12(1), Kolkata

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

ITA 212/KOL/2024[2014-15]Status: DisposedITAT Kolkata04 Jun 2024AY 2014-15

Bench: Dr. Manish Borad, Hon’Ble & Shri Pradip Kumar Choubey, Hon’Blei.T.A. No. 212/Kol/2024 Assessment Year: 2014-15 Ifb Automotive Private Limited Deputy Commissioner Of Income Plot No. Ind-V, Sector-1 Vs Tax, Circle - 12(1), Kolkata East Kolkata Township Kasba Industrial Estate Kolkata - 700107 [Pan : Aabci2766H] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Somnath Ghosh, Advocate Revenue By : Shri Swapan Kumar Bera, Jcit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 17/04/2024 घोषणा क" तारीख /Date Of Pronouncement: 04/06/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre (Hereinafter The “Ld. Cit(A)”) Dt. 12/12/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2014-15. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1. Under The Facts & Circumstances Of The Case The Ld. Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre, Income Tax Department, Delhi Has Erred In Law As Well As In Facts In Confirming The Disallowance & Addition Made By The Ld. Deputy Commissioner Of Income Tax, Circle-12(L), Kolkata (Assessing Officer) On Account Of Profit On Sale Of Fixed Assets Of Rs. 41,61,190/- Ignoring The Provisions Under Section 50 Of The Income-Tax Act, 1961. 2. Under The Facts & Circumstances Of The Case The Ld. Commissioner Of Income-Tax (Appeals) Has Erred In Law As Well As In Facts In Confirming The Disallowance & Addition Made By The Ld. Assessing Officer On Account Of 2

For Appellant: Shri Somnath Ghosh, AdvocateFor Respondent: Shri Swapan Kumar Bera, JCIT, Sr. D/R
Section 143(2)Section 250Section 50

Auditor in the tax audit report in para 118 of Form 3CD has observed that the deduction made from the block of asset during the year excludes the assets discarded and written off in the books of accounts. It means that Rs.63,61,190/- is the net gain from sale ... special provisions for computation of capital gains in case of depreciable assets provided under the Act come into play if the block of assets ceases to exist and the residuary has to be treated as short term capital gain/loss, as the case may be. This has been admitted

Daeseung Autoparts India Private Limited, Kancheepuram vs. ACIT (OSD), Chennai

The appeal stand partly allowed in terms of our above order

ITA 752/CHNY/2017[2012-13]Status: DisposedITAT Chennai04 Jun 2024AY 2012-13

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.752/Chny/2017 (िनधा;रणवष; / Assessment Year: 2012-13) M/S. Daeseung Autoparts India Pvt. Ltd. Acit (Osd) Plot No,474, Mannur Village, Corporate Range-1, बनाम/ Vs. Valarpuram Post, Sriperumpudhur Taluk Chennai. Kanchipuram- 602 105. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaccd-5629-D (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Vikram Vijayaraghavan (Advocate)- Ld. Ar " थ"कीओरसे/Respondent By : Shri G. Suresh (Jcit)- Ld. Sr. Dr सुनवाई की तारीख/Date Of Hearing : 28-05-2024 घोषणा की तारीख /Date Of Pronouncement : 04-06-2024 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri Vikram Vijayaraghavan (Advocate)- Ld. ARFor Respondent: Shri G. Suresh (JCIT)- Ld. Sr. DR
Section 143(3)Section 144C(5)Section 154Section 92C

Learned AO and the DRP erred in disregarding the alternate claim of the Appellant for adding the subject forex loss to the block of assets for the purpose of claiming tax depreciation Part 3 Others 20. The Learned AO has erred in not setting off the brought forward losses