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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

Caterpillar India Private Limited, Chennai vs. DCIT Ltu-1, Chennai

The appeal stands partly allowed in terms of our above order

ITA 2749/CHNY/2017[2013-14]Status: DisposedITAT Chennai11 Jun 2024AY 2013-14

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.2749/Chny/2017 (िनधा;रणवष; / Assessment Year: 2013-14) M/S. Caterpillar India P. Ltd. Dcit 7Th Floor, International Tech Park, बनाम/ Large Taxpayer Unit-1 Taramani Road, Taramani, Chennai. Vs. Chennai-600 113. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aabcc-4615-K (अपीलाथ"/Appellant) : (" थ" / Respondent) & Cross Objection No.22/Chny/2023 (In Ita No.2749/Chny/2017) (िनधा;रण वष; / Assessment Year: 2013-14) Dcit M/S. Caterpillar India P. Ltd. बनाम/ 7Th Floor, International Tech Park, Central Circle-3(3), Chennai-34. Taramani Road, Taramani, Vs. Chennai-600 113. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aabcc-4615-K (Cross-Objector) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Assessee By : Shri S.P.Chidambaram (Advocate)- Ld. Ar " थ"कीओरसे/Revenue By : Shri A.Sasikumar (Cit)- Ld. Dr सुनवाई की तारीख/Date Of Hearing : 29-05-2024 घोषणा की तारीख /Date Of Pronouncement : 11-06-2024 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri S.P.Chidambaram (Advocate)- Ld. ARFor Respondent: Shri A.Sasikumar (CIT)- Ld. DR
Section 143(3)Section 144C(5)Section 92C

have erred in not appreciating the provisions of Section 43(1) of the Act, wherein all the costs incurred after the put to use of the asset are to be treated as revenue in nature The learned AO and the Hon'ble DRP ought to have appreciated that the restatement ... rate of 10% on new plant and machinery acquired during FY 2011-12 amounting to Rs. 130,04,23,529 which has been put to use for a period of less than 180 days in its year of acquisition. Ground on Disallowance of Secondment payments to Associated Enterprises Rs.77

Renault Nissan Automotive India Private Limited, Kancheepuram vs. DCIT, Corpoate Circle-5(3), Chennai

The appeal stand partly allowed

ITA 206/CHNY/2018[2010-11]Status: DisposedITAT Chennai03 Jun 2024AY 2010-11

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No.206/Chny/2018 (िनधा*रणवष* / Assessment Year: 2010-11) M/S.Renault Nissan Automotive India Dcit Private Limited Company Circle-V(3), बनाम Plot No.1, Sipcot Industrial Park, Chennai. / Vs. Oragadam, Mattur Post, Sriperumbudur-602 015. "थायीलेखासं./जीआइआरसं./Pan/Gir No.Aadcr-7965-B (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri N.V.Balaji (Advocate)-Ld.Ar " थ"कीओरसे/Respondent By : Shri V.Nandakumar (Cit) -Ld.Dr सुनवाईकीतारीख/Date Of Hearing : 25-04-2024 घोषणाकीतारीख /Date Of Pronouncement : 03-06-2024 आदेश / O R D E R

For Appellant: Shri N.V.Balaji (Advocate)-Ld.ARFor Respondent: Shri V.Nandakumar (CIT) -Ld.DR
Section 143(3)Section 250

facts in not considering the assessee's submission on I the fact that the assets purchased during the year have been put to use for more than 180 days and therefore, is eligible for 100% of the rate of depreciation as applicable. 3.3 The learned ... accordingly, date of setup of business was adopted as 01-10-2009 since machinery installed by the assessee was put to use. The relevant date for claiming of expenditure would be date of setup of business. Reliance was placed on various judicial decisions to support the same and the case

DCIT, Chennai vs. M/S. Malar Publications Ltd., Chennai

In the result, appeal filed by the revenue is dismissed

ITA 2915/CHNY/2016[2009-10]Status: DisposedITAT Chennai31 May 2024AY 2009-10

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकर अपील सं./Ita No.: 2915/Chny/2016 िनधा"रण वष" / Assessment Year: 2009-10 M/S. Malar Publications Limited, Deputy Commissioner Of V. No. 86, Periyar Evr High Road, Income-Tax, Vepery, Chennai – 600 007. Corporate Circle -4(1), [Pan: Aaacm-2573-P] Chennai. (अपीलाथ"/Appellant) (""यथ"/Respondent) : Shri. D. Hema Bhupal, Jcit अपीलाथ" क" ओर से/Appellant By ""यथ" क" ओर से/Respondent By : Shri. S. Sridhar, Advocate सुनवाई क" तारीख/Date Of Hearing : 07.05.2024 घोषणा क" तारीख/Date Of Pronouncement : 31.05.2024 आदेश /O R D E R

For Respondent: Shri. S. Sridhar, Advocate
Section 143(3)

assessee company. Therefore, the said asset is capital in nature. As the software was not fully developed, obviously the same could not be put to use. As the expenditure in question is capital in nature the same should have not been debited to the profit and loss account. Even considering ... software, at the time of its abandonment as in an incomplete state and was no way near to its completion or being put to use. 2. The Assessee has charged the expenditure to the profit and loss account as soon· as it realized that the asset is of no use