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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

Mahavir Ghar Sansar Pvt. Ltd, Mumbai vs. ITO 1(1), Mumbai

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

ITA 141/MUM/2022[2013-14]Status: DisposedITAT Mumbai18 Nov 2022AY 2013-14

Bench: Shri Amit Shukla, Jm & Shri M. Balaganesh, Am आयकरअपीलसं./ I.T.A. No. 141/Mum/2022 (निर्धारणवर्ा / Assessment Year: 2013-14) Ito-1(1)(1), Mahavir Ghar Sansar Aayakar Bhavan, M. K. Private Limited, बिधम/ Road, Mumbai-400 020 19 Raj Mahal, 84, Veer Vs. Nariman Road, Mumbai-400 020 स्थायीलेखासं./जीआइआरसं./ Pan No. Aaacs7170C (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant By : None प्रत्यथीकीओरसे/Respondent By : Shri Mahita Nair, Ld. Dr सुनवाईकीतारीख/ : 22.08.2022 Date Of Hearing घोषणाकीतारीख / : 18.11.2022 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: The Aforesaid Appeal Has Been Filed By The Assessee Against The Impugned Order Dated 01.12.2021, Passed By National Faceless Appeal Centre (Nfac), Delhi For The Quantum Of Assessment Passed U/S 143(3) R.W.S. 263 For Ay 2015-16. The Assessee Has Raised The Following Grounds Of Appeal:-

For Appellant: NoneFor Respondent: Shri Mahita Nair, Ld. DR
Section 143(3)Section 148Section 32(1)(ii)

C.I.T(A) in your appellant's own case for the Ass. Year 2008-2009; 2009-2010 and 2011-2012.The goodwill is forming part of block of assets on which the depreciation has been allowed in earlier years. 2. On the facts and circumstances of the case as well