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“put to use”

DepreciationSection 32Section 321,059 judgments

The decision most relied on for put to use is Challapalli Sugars Ltd. v. CIT (98 ITR 167), cited in 185 judgments on BharatTax.

Leading authorities on put to use

Challapalli Sugars Ltd. v. CIT
98 ITR 167 · 1975 · Supreme Court
185
citing judgments

Interest on borrowed capital utilized for acquiring a capital asset is capitalized until business commences. Once business is set up, this interest is deductible under section 36(1)(iii) even if the asset has not yet been put to use, accepting commercial accounting standards in the absence of contrary statutory provisions.

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.

Capital Bus Service Pvt. Ltd. v. CIT
123 ITR 404 · 1980 · High Court
91
citing judgments

Depreciation under section 32 is allowable even if an asset is not actively used, provided it is kept in a condition of readiness or is put ready for use, as this amounts to passive user.

CIT v. Shri T.P. Textiles (P.) Ltd.
394 ITR 483 · 2017 · High Court
73
citing judgments

An assessee is entitled to claim the balance 10% of additional depreciation in the succeeding assessment year if the new plant and machinery were put to use for less than 180 days in the previous year.

Bharti Airtel v. ITO (TDS)
67 Taxmann.com 223 · 2016 · High Court
53
citing judgments

Payment for human intervention to install or put equipment in place, distinct from human intervention involved in the transportation of calls between networks, does not constitute Fee for Technical Services (FTS) under section 9(1)(vii) of the Income-tax Act.

(1) DCIT v. Core Healthcare Ltd.
251 ITR 61 · 2001 · High Court
49
citing judgments

Interest paid on money borrowed for acquiring machinery is deductible under Section 36(1)(iii) even if the machinery is not put to use in the year of borrowing. This principle applies to the 'for the purpose of business' test for borrowed capital.

DCIT v. Cosmo Films Ltd.
139 ITD 628 · 2012 · ITAT
48
citing judgments

The balance 50% of additional depreciation, for new machinery or plant put to use for less than 180 days in the year of acquisition, is allowable in the immediately succeeding assessment year. The second proviso to Section 32(1)(iia) restricts only the allowance for the first year, not the total benefit.

PCIT v. IDMC Ltd.
393 ITR 441 · 2017 · High Court
45
citing judgments

Additional depreciation under Section 32(1)(iia) is available for machinery purchased in a prior year but installed and put to use in the current previous year. Eligibility for the claim depends on the date of installation and use, not just the date of purchase.

Judgments citing put to use

Sunil Kumar Jain, Prop., Panipat vs. ACIT, Panipat

ITA 5755/DEL/2019[2012-13]Status: DisposedITAT Delhi20 Dec 2024AY 2012-13

Bench: Sh. Satbeer Singh Godara & Sh. Pradip Kumar Kediaita No. 78/Del/2017 : Asstt. Year : 2012-13 Ita No. 5755/Del/2019 :Asstt. Year : 2012-13 Sh. Sunil Kumar Jain, Vs Cit(A), Prop. M/S Nirmal International, Karnal, Village Faridpur, Masd Public School Haryana-132001 Road, Panipat, Haryana-132103 (Appellant) (Respondent) Pan No. Abbpj4056B Assessee By : None Revenue By : Sh. Sahil Kumar Bansal, Sr. Dr Date Of Hearing: 10.12.2024 Date Of Pronouncement: 20.12.2024 Order Per Satbeer Singh Godara: These Assessee’S Twin Appeals Ita No. 78/Del/2017 & Ita No. 5755/Del/2019, Both For Assessment Year 2012-13, Arises Against The Cit(A), Karnal’S As Many Orders Dated 21.10.2016 & 24.04.2019 Passed In Case No. 48/Ppt/2014-15 & It/24/E/Ppt/2018-19, In Proceedings U/S 143(3) & 271(1)(C) Of The Income Tax Act, 1961 (In Short “The Act”).

For Appellant: NoneFor Respondent: Sh. Sahil Kumar Bansal, Sr. DR
Section 143(3)Section 36(1)(iii)Section 40

Appeals, is not justified in making disallowance of interest of Rs. 2,10,948/- in respect of investment in assets not put to use during the year ignoring that the assets had no connection with interest paid and the same having been purchased out of with interest paid ... facts in invoking section 36(1)(ii) disallowance of Rs.2,10,948/- in respect of investment in asset not put to use. Mr. Bansal takes us the CIT(A)’s detailed discussion in paragraphs 5 to 5.3 that the assessee had purchased a plot at Barhi having value of Rs.21

Sh. Sunil Kumar Jain, Prop., Panipat vs. ACIT, Panipat

ITA 78/DEL/2017[2012-13]Status: DisposedITAT Delhi20 Dec 2024AY 2012-13

Bench: Sh. Satbeer Singh Godara & Sh. Pradip Kumar Kediaita No. 78/Del/2017 : Asstt. Year : 2012-13 Ita No. 5755/Del/2019 :Asstt. Year : 2012-13 Sh. Sunil Kumar Jain, Vs Cit(A), Prop. M/S Nirmal International, Karnal, Village Faridpur, Masd Public School Haryana-132001 Road, Panipat, Haryana-132103 (Appellant) (Respondent) Pan No. Abbpj4056B Assessee By : None Revenue By : Sh. Sahil Kumar Bansal, Sr. Dr Date Of Hearing: 10.12.2024 Date Of Pronouncement: 20.12.2024 Order Per Satbeer Singh Godara: These Assessee’S Twin Appeals Ita No. 78/Del/2017 & Ita No. 5755/Del/2019, Both For Assessment Year 2012-13, Arises Against The Cit(A), Karnal’S As Many Orders Dated 21.10.2016 & 24.04.2019 Passed In Case No. 48/Ppt/2014-15 & It/24/E/Ppt/2018-19, In Proceedings U/S 143(3) & 271(1)(C) Of The Income Tax Act, 1961 (In Short “The Act”).

For Appellant: NoneFor Respondent: Sh. Sahil Kumar Bansal, Sr. DR
Section 143(3)Section 36(1)(iii)Section 40

Appeals, is not justified in making disallowance of interest of Rs. 2,10,948/- in respect of investment in assets not put to use during the year ignoring that the assets had no connection with interest paid and the same having been purchased out of with interest paid ... facts in invoking section 36(1)(ii) disallowance of Rs.2,10,948/- in respect of investment in asset not put to use. Mr. Bansal takes us the CIT(A)’s detailed discussion in paragraphs 5 to 5.3 that the assessee had purchased a plot at Barhi having value of Rs.21