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“unabsorbed depreciation”

DepreciationSection 32(2)Section 32(2)810 judgments

The decision most relied on for unabsorbed depreciation is Velayudhaswamy Spinning Mills (P) Ltd. v. ACIT (340 ITR 477), cited in 213 judgments on BharatTax.

Leading authorities on unabsorbed depreciation

Velayudhaswamy Spinning Mills (P) Ltd. v. ACIT
340 ITR 477 · 2012 · High Court
213
citing judgments

If unabsorbed depreciation or losses from years prior to the initial assessment year for Section 80-IA claim have already been set off against other income, they cannot be notionally carried forward again to reduce the profits of the eligible unit for computing deduction under Section 80-IA. The notional carry forward provision under Section 80-IA(5) applies only to unabsorbed depreciation or losses that have not yet been absorbed.

General Motors India (P) Ltd. v. DCIT
354 ITR 244 · 2013 · High Court
141
citing judgments

Unabsorbed depreciation from Assessment Year 1997-98 to 2001-02, carried forward to AY 2002-03, is governed by Section 32(2) as amended by the Finance Act, 2001, allowing its unlimited carry forward and set off against income of subsequent years. Reassessment proceedings under Section 148 challenging such set-off require valid reasons and new tangible material.

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. Himatasingike Seide Ltd.
286 ITR 255 · 2006 · High Court
73
citing judgments

Deduction under Section 10A of the Income-tax Act is to be allowed only after setting off unabsorbed depreciation and brought forward business losses against the profits of the business.

CIT v. Black & Veatch Consulting Pvt. Ltd.
348 ITR 72 · 2012 · High Court
63
citing judgments

Depreciation, including unabsorbed depreciation, should not be reduced from the profits of an undertaking eligible for deduction under Section 10A of the Income-tax Act, 1961, when computing the deduction amount.

Dy. CIT v. Binani Industries Ltd.
178 TTJ 658 · 2016 · ITAT
49
citing judgments

The lower of unabsorbed depreciation or business loss is deductible from book profits under Clause (iii) of Explanation 1 to Section 115JB. Capital receipts, such as forfeiture of share warrants, which do not have the character of income, are not liable for book profits tax under Section 115JB.

S.M.I.L.E. Microfinance Limited v. ACIT (VACIT
2024 SCC OnLine MAD 8416 · 2024 · Reported
39
citing judgments

The higher tax rate under Section 115BBE, increased to 60% effective from April 1, 2017, is not applicable to transactions that occurred prior to this date.

62. Further, in CIT v. Silical Metallurgic Ltd.
324 ITR 29 · 2010 · High Court
37
citing judgments

In a scenario involving amalgamation, the accumulated losses and unabsorbed depreciation of an undertaking can be carried forward by the amalgamating company if it continues the business of the undertaking.

Judgments citing unabsorbed depreciation

Deputy Commissioner of Income Tax, Circle-1, Bareilly vs. Ms Shree Bhawani Mills, Shahjahanpur

In the result, the appeal of the Department is partly allowed while the Cross

ITA 332/LKW/2023[2017-18]Status: DisposedITAT Lucknow25 Apr 2025AY 2017-18

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2017-18 Deputy Commissioner Of Income Vs. M/S Shree Bhawani Mills, Tax, Circle-1, Bareilly Gandhi Ganj, Shahjahanpur, U.P. Pan:Aadfs8573M (Appellant) (Respondent) & C.O. No.15/Lkw/2023 A.Y. 2017-18 M/S Shree Bhawani Mills, Gandhi Vs. Deputy Commissioner Of Ganj, Shahjahanpur, U.P. Income Tax, Circle-1, Bareilly Pan:Aadfs8573M (Appellant) (Respondent) Assessee By: Sh. P.K. Kapoor, C.A. Revenue By: Sh. Manu Chaurasia, Cit Dr Date Of Hearing: 12.03.2025 Date Of Pronouncement: 25.04.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Revenue Against The Order Of The Ld. Cit(A) Passed Under Section 250 Of The Income Tax Act On 7.09.2023 Allowing The Appeal Of The Assessee Against The Order Passed By The Ld. Ao On 30.03.2022 Under Section 147 R.W.S. 144 Of The Income Tax Act, 1961. The Grounds Of Appeal Are As Under:-

For Appellant: Sh. P.K. Kapoor, C.AFor Respondent: Sh. Manu Chaurasia, CIT DR
Section 144Section 147Section 151Section 250Section 46A

have been deducted from the sale value and the remaining amount in the hands of the firm would be Nil. iii. The brought forward unabsorbed depreciation was on building structure and plant and machinery had been fully ignored even when data with regard to the same was available ... deducted WDV of building, plant and machinery out of the sale proceeds. He had also erred in not taking into consideration the brought forward unabsorbed depreciation on these two assets, though the entire details were available on record with Department in the returns and audit reports which were filed online

Asstt. Commissioner of Income Tax-6(1)(1), Mumbai vs. Dewanchand Ramsaran Industries Pvt. Ltd., Mumbai

ITA 5199/MUM/2024[2017-18]Status: DisposedITAT Mumbai21 Apr 2025AY 2017-18

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2017-18 Asst. Commissioner Of Dewanchand Ramsaran Income-Tax 6(1)(1), Industries Pvt. Ltd. Room No. 504, 5Th Floor, Flat No. 15 4Th Floor, Krishna Aayakar Bhavan, M.K. Road, Vs. Niketan, Sion Main Road, King Mumbai-400020. Circle, Mumbai-400022. (Pan : Aabcd7193H) (Appellant) (Respondent) Present For: Assessee : Ms. Aarti Sathe A/W Ms. Aasavari Kadam Revenue : Shri R. R. Makwana, Addl. Cit Date Of Hearing : 21.01.2025 Date Of Pronouncement : 21.04.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Revenue Is Against The Order Of Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Vide Order No. Itba/Nfac/S/250/2023-24/1061827856(1), Dated 06.08.2024, Passed Against The Assessment Order By Assessing Officer, Circle 6(2)(1), Mumbai, U/S. 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 25.12.2019, For Assessment Year 2017-18. 2. Grounds Taken By The Revenue Are Reproduced As Under:

For Appellant: Ms. Aarti Sathe a/w Ms. Aasavari KadamFor Respondent: Shri R. R. Makwana, Addl. CIT
Section 143(3)Section 28

standstill. 3.1. Assessee filed its return of income on 31.03.2018, reporting total income at Nil after setting off of the business loss and unabsorbed depreciation. In the course of assessment proceedings, ld. Assessing officer asked assessee, inter alia, to show cause as to why share application money