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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

Shri. Mohan Kashiram Kadam, Navi Mumbai vs. ITO 28(2)(2), Navi Mumbai

In the result, the appeal filed by the assessee is hereby allowed for statistical purposes

ITA 658/MUM/2020[2012-13]Status: DisposedITAT Mumbai18 Feb 2022AY 2012-13

Bench: Shri S. Rifaur Rahman, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 658/Mum/2020 (निर्धारण वर्ा / Assessment Year: 2012-13) Mohan Kashiram Kadam बिधम/ Ito-28(2)(2) 418/419, The Great Eastern Room No. 307, Tower No.6, Vs. Galleria, Sector-4, Nerul, Vashi Station Complex, Navi Mumbai-400706. Vashi, Navi Mumbai- 4000703. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aanpk4585D (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Aditya Ramchandran Revenue By: Ms. Neha Thakur (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 31/01/2022 घोषणा की तारीख /Date Of Pronouncement: 18/02/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 06.11.2019 Passed By The Commissioner Of Income Tax (Appeals)-26, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y. 2012-13. 2. The Assessee Has Raised The Following Grounds: - “On The Facts & In The Circumstances Of The Case & In Law, 1. The Ld. Cit(A) Has Erred In Confirming Action Of A.O. Of Adding Short Term Capital Gain U/S 50 Arising Out Of Sale Of Depreciable Asset To The Tune Of Rs. 25,13,544/- By Denying The Exemption U/S 54F In

For Appellant: Shri Aditya RamchandranFor Respondent: Ms. Neha Thakur (Sr. AR)
Section 50Section 54F

sale of depreciable asset in terms of the provisions of section 50 and thus by not taking into account the very concept of 'block of assets! and deducted the WDV of the asset sold and not the WDV of the block.” 3. We have heard the argument advanced

M/S. Medi Assist Insurance Tpa Pvt Ltd, Bangalore vs. Deputy Commissioner of Income Tax, Circle-12(1), Bangalore

In the result, the appeal filed by assessee stands dismissed

ITA 1933/BANG/2018[2011-12]Status: DisposedITAT Bangalore15 Feb 2022AY 2011-12

Bench: Shri B R Baskaran & Smt. Beena Pillaiassessment Year : 2011-12 M/S. Medi Assist Insurance Tpa Pvt. Ltd., The Dy. Commissioner Of Tower ‘D’, 4Th Floor, Ibc Income-Tax, Knowledge Park, 4/1 Bannerghatta Vs. Circle - 4(1)(2), Main Road, Bengaluru. Bengaluru-560 029. Pan –Aaccm 8044 P Appellant Respondent Assessee By : Shri Sudhir Prabhu, C.A Revenue By : Shri Sumeer Singh Meena, Cit(Dr) Date Of Hearing : 10.01.2022 Date Of Pronouncement : 15.02.2022 O R D E R Per Beena Pillaithis Appeal By The Assessee Is Directed Against The Order Of The Cit(A)- 4, Bangalore Dated 22/3/2018 For The Asst. Year 2011-12 For Computing The Short Term Capital Gain At Rs.7,80,38,353/-. 2. The Assessee Raised The Following Grounds Before Us “(I) On The Facts & Circumstances Of The Case & In Law The Learned Dcit & Cit(A) Erred In Computing The Short Term Capital Gain At Rs.7,80,38,353/- By Adding The Negative Net-Worth Instead Of Restricting The Same To Nil As Deeded Cost, Since Cost Cannot Be A Negative Value Page 2 Of 19

For Appellant: Shri Sudhir Prabhu, C.AFor Respondent: Shri Sumeer Singh Meena, CIT(DR)
Section 142(1)Section 50B

worth, the aggregate value of total assets shall be,— (a) in the case of depreciable assets, the written down value of the block of assets determined in accordance with the provisions contained in sub-item (C) of item (i) of sub-clause (c) of clause (6) of section ... ambit of `aggregate value of total assets’ by providing that in case of depreciable assets it shall be the written down value of block of assets determined as per section 43(6) and in case of other assets, their book value. Special care has been taken to ensure that