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“opening WDV”

DepreciationSection 43(6)Section 43(6)263 judgments

The decision most relied on for opening WDV is ACIT v. Progressive Constructions Ltd. (92 Taxmann.com 104), cited in 63 judgments on BharatTax.

Leading authorities on opening WDV

ACIT v. Progressive Constructions Ltd.
92 Taxmann.com 104 · 2018 · ITAT
63
citing judgments

Rights acquired under a concession agreement for highway construction, which generate revenue through toll collections, constitute an 'intangible asset' under section 32(1)(ii) of the Income-tax Act, 1961, eligible for depreciation, typically at 25%. This includes claiming depreciation on the opening Written Down Value (WDV) for such highway projects.

CIT v. Artex Manufacturing Co.
227 ITR 260 · 1997 · Supreme Court
36
citing judgments

In a slump sale, the slump purchase price cannot be apportioned among individual assets for claiming depreciation, as there is no indication of the price attributable to specific assets out of the total sale consideration.

DCIT v. Toyo Engineering India ltd.
33 Taxmann.com 560 · 2013 · Reported
22
citing judgments

Depreciation is not allowed on goodwill if it arises from book entries and has no identifiable cost of acquisition. This applies even when goodwill is acquired as part of a scheme of arrangement or amalgamation.

Bodal Chemicals Ltd. v. ACIT, Ahmedabad
112 Taxmann.com 217 · 2019 · ITAT
16
citing judgments

Once depreciation on an asset is allowed in the first year, the revenue is debarred from denying depreciation on the written-down value carried forward in subsequent years, absent a change in facts or law.

PCIT v. GVK Jaipur Expressway
100 Taxmann.com 96 · 2018 · Supreme Court
13
citing judgments

The Supreme Court has affirmed that developers of roadways, operating on a Build-Operate-Transfer (BOT) basis, are eligible to claim depreciation on the roads constructed. This decision supports the assessee's claim against the Revenue's challenge.

Judgments citing opening WDV

Hyderabad Ring Road Project Private Limited, India vs. ACIT, Circle

In the result Appeal of the assessee in ITA No

ITA 4090/DEL/2025[2017-18]Status: DisposedITAT Delhi11 Mar 2026AY 2017-18

Bench: Ms. Madhumita Roy & Shri Naveen Chandra

For Appellant: Shri Chinu Bhasin, AdvFor Respondent: Shri Mahesh Kumar, CIT-DR
Section 143(3)

deferred revenue expenditure subject to amortization. It is submitted that in the present year, the assessee is only claiming depreciation on the opening WDV. Hence, there Page 20 of 23 ITA No. 4090/DEL/2025 CO No. 81/DEL/2025 Hyderabad Ring Road Project Vs ACIT [A.Y. 2017-18] is no scope

ACIT, Circle - 10(1), Delhi vs. M/S Hyderabad Ring Road Project Private Limited, Delhi

In the result Appeal of the assessee in ITA No

ITA 3599/DEL/2025[2017-18]Status: DisposedITAT Delhi11 Mar 2026AY 2017-18

Bench: Ms. Madhumita Roy & Shri Naveen Chandra

For Appellant: Shri Chinu Bhasin, AdvFor Respondent: Shri Mahesh Kumar, CIT-DR
Section 143(3)

deferred revenue expenditure subject to amortization. It is submitted that in the present year, the assessee is only claiming depreciation on the opening WDV. Hence, there Page 20 of 23 ITA No. 4090/DEL/2025 CO No. 81/DEL/2025 Hyderabad Ring Road Project Vs ACIT [A.Y. 2017-18] is no scope

JCIT (OSD), Corporate Circle - 2 (2), Chennai vs. M/S Indian Potash Ltd., Chennai

In the result, the appeal filed by the Revenue is dismissed

ITA 2580/CHNY/2019[2014-15]Status: DisposedITAT Chennai10 Mar 2026AY 2014-15

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Raviआयकर अपील सं./I.T.A. No.2580/Chny/2019 िनधा"रण वष"/Assessment Year: 2014-15 The Joint Commissioner Of Vs. M/S. Indian Potash Ltd., Income Tax (Osd), No. 727, Ambal Building, Corporate Circle 2(2), Anna Salai, Chennai. Chennai 600 006. [Pan: Aaaci0888H] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Y. Sudarshan, Jcit ""थ" की ओर से/Respondent By : Shri Vikram Vijayaraghavan, Advocate सुनवाई की तारीख/ Date Of Hearing : 27.01.2026 घोषणा की तारीख /Date Of Pronouncement 10.03.2026 : आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Revenue Is Directed Against The Order Dated 06.05.2019 Passed By The Ld. Commissioner Of Income Tax (Appeals) 6, Chennai For The Assessment Year 2014-15. 2. The Appellant-Revenue Raised 3 Grounds Of Appeal Amongst Which The Only Issue Emanates For Our Consideration As To Whether The Ld. Cit(A) Is Justified In Allowing Claim Under Section 80Ib Of The Income Tax Act, 1961 [“Act” In Short] In The Facts & Circumstances Of The Case.

For Appellant: Shri Y. Sudarshan, JCITFor Respondent: Shri Vikram Vijayaraghavan, Advocate
Section 11ASection 143(1)Section 143(3)Section 14ASection 80Section 80I

plant and machinery acquired during the financial year 2013-14, relevant to the current assessment year, alone is about Rs.44.54 crores, as against the opening WDV (as on 01.04.2013) of just Rs.4.34 crores. The new plant and machinery acquired during the present year alone is more than

Dy. Commissioner of Income Tax, Circle-1, Thane, Wagle Industrial Estate, Thane West vs. M M Plastoware India Private Limited, Thane

In the result, appeal of the Revenue is dismissed and cross objection of the assessee is allowed

ITA 133/MUM/2025[2016-17]Status: DisposedITAT Mumbai10 Mar 2026AY 2016-17

Bench: Shri Pawan Singh & Shri Girish Agrawalassessment Year: 2016-17 Deputy Commissioner Of M M Plastoware India Private Income Tax, Circle-1, Thane Limited Gala No. 10-15, Arihant Darshan, Vs. 90 Feet Road, Bhayander West, Thane – 101101. (Pan: Aahcm2568D) (Appellant) (Respondent) C.O. No. 120/Mum/2025 Assessment Year: 2016-17 M M Plastoware India Private Deputy Commissioner Of Income Limited Tax, Circle-1, Thane Gala No. 10-15, Arihant Darshan, 90 Feet Road, Vs. Bhayander West, Thane – 101101. (Pan: Aahcm2568D) (Appellant) (Respondent) Present For: Assessee : Shri Lalit Munoyat, Ca Revenue : Shri Bhagirath Ramawat, Sr. Dr Date Of Hearing : 22.12.2025 Date Of Pronouncement : 10.03.2026 O R D E R Per Girish Agrawal:

For Appellant: Shri Lalit Munoyat, CAFor Respondent: Shri Bhagirath Ramawat, Sr. DR
Section 143(3)Section 254Section 32(1)(ila)

first amount of Rs. 11,72,128/-, it was demonstrated by the assessee that there was an error in recording the correct opening WDV to be brought down from the preceding year which resulted into this short claim, fact of which was taken note ... substantiated before the ld. CIT(A) by bringing relevant material on record. Thus, it is a case of calculation mistake in carrying forward of opening WDV to the year under consideration and claim of additional depreciation before the appellate authority which has been allowed at the first appellate stage

ACIT, CC 6(2), Mumbai vs. Overseas Infrastructure Alliance (India) Private Limited, Mumbai

In the result, appeal by the assessee is allowed

ITA 4321/MUM/2025[2016-17]Status: DisposedITAT Mumbai20 Feb 2026AY 2016-17

Bench: Shri Sandeep Gosain & Shri Girish Agrawal

For Appellant: Shri Harsh Kothari and Shri Ronak Vasavada, CAsFor Respondent: Shri R. A. Dhyani, CIT DR and Shri Virabhadra S. Mahajan, Sr. DR
Section 1

earlier years and depreciation was claimed and allowed in those earlier years. For the present year, the premises appeared as a part of the opening WDV in its block of assets. As the building was forming part of its opening WDV of its block of assets, assessee claimed depreciation thereon

ACIT, CC 6(2), Mumbai vs. Overseas Infrastructure Alliance (India) Private Limited, Mumbai

In the result, appeal by the assessee is allowed

ITA 4320/MUM/2025[2020-21]Status: DisposedITAT Mumbai20 Feb 2026AY 2020-21

Bench: Shri Sandeep Gosain & Shri Girish Agrawal

For Appellant: Shri Harsh Kothari and Shri Ronak Vasavada, CAsFor Respondent: Shri R. A. Dhyani, CIT DR and Shri Virabhadra S. Mahajan, Sr. DR
Section 1

earlier years and depreciation was claimed and allowed in those earlier years. For the present year, the premises appeared as a part of the opening WDV in its block of assets. As the building was forming part of its opening WDV of its block of assets, assessee claimed depreciation thereon

ACIT, CC 6(2), Mumbai vs. Overseas Infrastructure Alliance (India) Private Limited, Mumbai

In the result, appeal by the assessee is allowed

ITA 4319/MUM/2025[2019-20]Status: DisposedITAT Mumbai20 Feb 2026AY 2019-20

Bench: Shri Sandeep Gosain & Shri Girish Agrawal

For Appellant: Shri Harsh Kothari and Shri Ronak Vasavada, CAsFor Respondent: Shri R. A. Dhyani, CIT DR and Shri Virabhadra S. Mahajan, Sr. DR
Section 1

earlier years and depreciation was claimed and allowed in those earlier years. For the present year, the premises appeared as a part of the opening WDV in its block of assets. As the building was forming part of its opening WDV of its block of assets, assessee claimed depreciation thereon

ACIT, CC-6(2), Mumbai vs. Overseas Infrastructure Alliance (India) Private Limited, Mumbai

In the result, appeal by the assessee is allowed

ITA 4318/MUM/2025[2022-23]Status: DisposedITAT Mumbai20 Feb 2026AY 2022-23

Bench: Shri Sandeep Gosain & Shri Girish Agrawal

For Appellant: Shri Harsh Kothari and Shri Ronak Vasavada, CAsFor Respondent: Shri R. A. Dhyani, CIT DR and Shri Virabhadra S. Mahajan, Sr. DR
Section 1

earlier years and depreciation was claimed and allowed in those earlier years. For the present year, the premises appeared as a part of the opening WDV in its block of assets. As the building was forming part of its opening WDV of its block of assets, assessee claimed depreciation thereon

ACIT, CC 6(2), Mumbai vs. Overseas Infrastructure Alliance (India) Private Limited, Mumbai

In the result, appeal by the assessee is allowed

ITA 4090/MUM/2025[2016-17]Status: DisposedITAT Mumbai20 Feb 2026AY 2016-17

Bench: Shri Sandeep Gosain & Shri Girish Agrawal

For Appellant: Shri Harsh Kothari andFor Respondent: Shri R. A. Dhyani, CIT DR and
Section 1

earlier years and depreciation was claimed and allowed in those earlier years. For the present year, the premises appeared as a part of the opening WDV in its block of assets. As the building was forming part of its opening WDV of its block of assets, assessee claimed depreciation thereon

Overseas Infrastructure Alliance(India) Private Limited, Mumbai vs. Assistant Commissioner of Income Tax Central Circle 6(2), Mumbai

In the result, appeal by the assessee is allowed

ITA 4064/MUM/2025[2022-23]Status: DisposedITAT Mumbai20 Feb 2026AY 2022-23

Bench: Shri Sandeep Gosain & Shri Girish Agrawal

For Appellant: Shri Harsh Kothari andFor Respondent: Shri R. A. Dhyani, CIT DR and
Section 1

earlier years and depreciation was claimed and allowed in those earlier years. For the present year, the premises appeared as a part of the opening WDV in its block of assets. As the building was forming part of its opening WDV of its block of assets, assessee claimed depreciation thereon

Overseas Infrastructure Alliance(India) Private Limited, Mumbai vs. Assistant Commissioner of Income Tax, Central Circle -6, Mumbai

In the result, appeal by the assessee is allowed

ITA 4045/MUM/2025[2020-21]Status: DisposedITAT Mumbai20 Feb 2026AY 2020-21

Bench: Shri Sandeep Gosain & Shri Girish Agrawal

For Appellant: Shri Harsh Kothari and Shri Ronak Vasavada, CAsFor Respondent: Shri R. A. Dhyani, CIT DR and Shri Virabhadra S. Mahajan, Sr. DR
Section 1

earlier years and depreciation was claimed and allowed in those earlier years. For the present year, the premises appeared as a part of the opening WDV in its block of assets. As the building was forming part of its opening WDV of its block of assets, assessee claimed depreciation thereon

Overseas Infrastructure Alliance (India) Private Limtied, Mumbai vs. Assistant Commissioner of Income Tax Central Circle 6(2), Mumbai

In the result, appeal by the assessee is allowed

ITA 4044/MUM/2025[2021-22]Status: DisposedITAT Mumbai20 Feb 2026AY 2021-22

Bench: Shri Sandeep Gosain & Shri Girish Agrawal

For Appellant: Shri Harsh Kothari and Shri Ronak Vasavada, CAsFor Respondent: Shri R. A. Dhyani, CIT DR and Shri Virabhadra S. Mahajan, Sr. DR
Section 1

earlier years and depreciation was claimed and allowed in those earlier years. For the present year, the premises appeared as a part of the opening WDV in its block of assets. As the building was forming part of its opening WDV of its block of assets, assessee claimed depreciation thereon

Overseas Infrastructure Alliance (India) Private Limtied, Mumbai vs. Assistant Commissioner of Income Tax Central Circle 6(2), Mumbai

In the result, appeal by the assessee is allowed

ITA 4043/MUM/2025[2019-20]Status: DisposedITAT Mumbai20 Feb 2026AY 2019-20

Bench: Shri Sandeep Gosain & Shri Girish Agrawal

For Appellant: Shri Harsh Kothari and Shri Ronak Vasavada, CAsFor Respondent: Shri R. A. Dhyani, CIT DR and Shri Virabhadra S. Mahajan, Sr. DR
Section 1

earlier years and depreciation was claimed and allowed in those earlier years. For the present year, the premises appeared as a part of the opening WDV in its block of assets. As the building was forming part of its opening WDV of its block of assets, assessee claimed depreciation thereon

ACIT CC 6(2), Mumbai vs. Overseas Infrastructure Alliance (India) Private Limited, Mumbai

In the result, appeal by the assessee is allowed

ITA 3998/MUM/2025[2017-18]Status: DisposedITAT Mumbai20 Feb 2026AY 2017-18

Bench: Shri Sandeep Gosain & Shri Girish Agrawal

For Appellant: Shri Harsh Kothari and Shri Ronak Vasavada, CAsFor Respondent: Shri R. A. Dhyani, CIT DR and Shri Virabhadra S. Mahajan, Sr. DR
Section 1

earlier years and depreciation was claimed and allowed in those earlier years. For the present year, the premises appeared as a part of the opening WDV in its block of assets. As the building was forming part of its opening WDV of its block of assets, assessee claimed depreciation thereon

ACIT, CC-6(2), Mumbai vs. Overseas Infrastructure Alliance (India) Private Limited, Mumbai

In the result, appeal by the assessee is allowed

ITA 3995/MUM/2025[2011-12]Status: DisposedITAT Mumbai20 Feb 2026AY 2011-12

Bench: Shri Sandeep Gosain & Shri Girish Agrawal

For Appellant: Shri Harsh Kothari and Shri Ronak Vasavada, CAsFor Respondent: Shri R. A. Dhyani, CIT DR and Shri Virabhadra S. Mahajan, Sr. DR
Section 1

earlier years and depreciation was claimed and allowed in those earlier years. For the present year, the premises appeared as a part of the opening WDV in its block of assets. As the building was forming part of its opening WDV of its block of assets, assessee claimed depreciation thereon

Laxmanrao Akaram Patil, Tasgaon vs. DCIT, Sangli

In the result filed by the assessee is allowed for statistical purposes

ITA 588/PUN/2025[2017-18]Status: DisposedITAT Pune18 Feb 2026AY 2017-18

Bench: Dr. Manish Borad & Shri Vinay Bhamore

For Appellant: Shri Umesh Kumar M MaliFor Respondent: Shri Uodol Raj Singh
Section 143(2)Section 144

case the Learned Assessing Officer 7,70,218/- being difference between closing WDV of has erred to make addition of Rs. preceding year and opening WDV of the year under consideration without Giving Natural justice and show cause for the same 2.1) Learned A.O. has made an addition ... being difference between closing WDV of preceding year and opening WDV of the year under consideration without giving any natural justice to the case. This addition is made without any show cause notice for the same Prayer I pray that addition made by learned AO is without following mandate

Ammann India Private Limited, Mehsana vs. The Pr. CIT-3, Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 1536/AHD/2025[2020-21]Status: DisposedITAT Ahmedabad05 Feb 2026AY 2020-21

Bench: Shri Tr Senthil Kumar & Shri Narendra Prasad Sinhaassessment Years: 2020-21

Section 143(3)Section 144BSection 263

goodwill is allowed in the first year, the depreciation on goodwill for the subsequent years is required to be allowed as per the opening WDV for the respective years. It is not the case of the Ld. PCIT that the AO had allowed the depreciation on goodwill in this year

Income Tax Officer, Coimbatore vs. Acl Industries Limited, Coimbatore

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

ITA 2592/CHNY/2025[2016-17]Status: DisposedITAT Chennai03 Feb 2026AY 2016-17

Bench: SHRI GEORGE GEORGE K (Vice President), SHRI INTURI RAMA RAO (Accountant Member)

For Appellant: Shri Shiva Srinivas, CITFor Respondent: None
Section 115JSection 142(1)Section 143(2)Section 143(3)Section 250

sale of building at Rs.1,60,10,517/-. However, with regard to sale of plant and machinery, furniture etc. the AO did not consider opening WDV of Rs.4,19,11,535/-. In this regard, the assessee provided that it has sold plant and machinery, furniture, etc. at Rs.26 ... party by name Amtek Auto Ltd. and furnished necessary sales invoices. After deducting the above sale value from the opening WDV, long term capital loss was arrived by the assessee at Rs.3,92,54,617/- I have gone through the assessee’s workings and the same found

Edgeverve Systems Limited, Bangalore vs. ACIT, Circle-2(2)(1), Bangalore

ITA 294/BANG/2025[2021-22]Status: DisposedITAT Bangalore30 Jan 2026AY 2021-22

Bench: Shri Waseem Ahmed & Shri Soundararajan K

For Appellant: Shri Padamchand Kincha, CAFor Respondent: Shri Shivanad Kalakeri, CIT (DR)
Section 250Section 254Section 37Section 90

from F.Y. 2014-15 relevant to A.Y. 2015-16 till the year under consideration in the following manner: Α.Υ. Opening WDV Addition Total assets Depreciation at 25% (Rs.) Closing WDV (Rs.) during the (Rs.) year

Edgeverve Systems Limited, Bangalore vs. ACIT, Circle-2(2)(1), Bangalore

In the result, both the appeals of the assessee are partly allowed for statistical purposes

ITA 293/BANG/2025[2020-21]Status: DisposedITAT Bangalore30 Jan 2026AY 2020-21

Bench: Shri Waseem Ahmed & Shri Soundararajan K

For Appellant: Shri Padamchand Kincha, CAFor Respondent: Shri Shivanad Kalakeri, CIT (DR)
Section 250Section 254Section 37Section 90

section 32 of the Act from F.Y. 2014-15 relevant to A.Y. 2015-16 till the year under consideration in the following manner: A.Y. Opening WDV Addition Total assets Depreciation Closing WDV (Rs.) during the (Rs.) at 25% (Rs.) (Rs.) year