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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

Fourrts (India Labs Pvt. Ltd., Chennai vs. ACIT (OSD) Corporate Circle 2, Chennai

In the result, the appeal filed by the assessee is partly allowed

ITA 1176/CHNY/2018[2014-15]Status: DisposedITAT Chennai18 Nov 2022AY 2014-15

Bench: Shri Mahavir Singh & Shri G. Manjunathaआयकर अपील सं./Ita No.: 1176/Chny/2018 िनधा"रण वष" / Assessment Year: 2014-15 Fourrts (India) Labs Pvt. Ltd., Assistant Commissioner Of Plot No.1, Annai Indira Nagar, V. Income Tax (Osd), Okkiyam Thoraipakkam, Corporate Range -2, Chennai – 600 097. Chennai. [Pan: Aaacf-0467-F] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. R.S. Devaguru, Advocate : Shri. P.M. Senthil Kumar, Jcit ""यथ" क" ओर से/Respondent By सुनवाई क" तारीख/Date Of Hearing : 14.11.2022 घोषणा क" तारीख/Date Of Pronouncement : 18.11.2022 आदेश /O R D E R

For Appellant: Shri. R.S. Devaguru, Advocate
Section 115Section 32Section 35(2)

assets, but not for subsequent financial years. It was an argument of the assessee that since the new assets purchased was put to use for less than 180 days, it has claimed 50% of additional depreciation for assessment year 2013-14 and remaining 50% has been claimed for the impugned ... authorities below. The issue of additional depreciation u/s. 32(1)(iia) of the Act, when new assets has been purchased and put to use for less than 180 days, has been considered by the co-ordinate bench of ITAT, Kolkata in the case of Century Enka Limited vs DCIT

Asstt Commissioner of Income Tax, CC-7(3), Mumbai vs. M/S Macrotech Developers Ltd .(Successor to M/S Sahajanad Hi-Tech Construction Pvt Ltd.), Mumbai

In the result, for A.Y. 2015-16, the appeal of the learned

ITA 1893/MUM/2022[2014-15]Status: DisposedITAT Mumbai26 Oct 2022AY 2014-15

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm M/S Macrotech Developers Ltd. (Successor To M/S Sahajanad Acit Cc-7(3) Hi-Tech Construction Pvt. Room No. 655, Ltd.) Aayakar Bhavan, 412,4Th Floor, 17-G, Vs. M.K.Road, Vardhaman Chambers, Mumbai- 400 020 Cawasji Patel Road, Horniman Cirlce, Fort, Mumbai-400001 (Respondent) (Appellant) Pan No.Aaecp1936F Acit Cc-7(3) Macrotech Developers Ltd. Room No. 655, (Successor To Bellissimo Aayakar Bhavan, Developers Thane Private Limited) M.K.Road, 412, Floor-4, 17G Vs. Mumbai- 400 020 Vardhman Chamber, Cawasji, Patel Road, Horniman Circle, Fort, Mumabi-400 001 (Respondent) (Appellant) Pan No.Aadco0409D ‘Ita No. 1864/Mum/2022 (Assessment Year 2015-16) Macrotech Developers Ltd. Dcit, (Successor To Bellissimo Central Circle 7(3) Developers Thane Private Room No. 655, 6 Th Floor, Limited) 412, Floor-4, 17G Aaykar Bhavan, Vs. Vardhman Chamber, Cawasji, M. K. Road, Patel Road, Horniman Circle, Mumbai-400 021 Fort, Mumabi-400 001 (Respondent) (Appellant) Pan No.Aadco0409D

For Appellant: Shri. Gunajjan KakkadFor Respondent: Shri. Nishant Somaiya SRAR
Section 143(3)Section 36(1)(iii)

date on which the capital was borrowed for the acquisition of the asset till the date on which such asset was first put to use.” 013. On careful reading of the above circular,same applies to an asset which provides for capitalization of interest to the cost of the asset ... steel it is first put to use. In case of work in progress, it cannot be said that when it has been first put to use. Therefore, the argument of the revenue that decision of the Honourable Bombay High Court cannot be applied to the facts of this case

Assistant Commissioner of Income Tax, Central Circle-7(3), Mumbai vs. M/S Macrotech Developers Ltd, Mumbai

In the result, for A.Y. 2015-16, the appeal of the learned

ITA 1885/MUM/2022[2015-16]Status: DisposedITAT Mumbai26 Oct 2022AY 2015-16

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm M/S Macrotech Developers Ltd. (Successor To M/S Sahajanad Acit Cc-7(3) Hi-Tech Construction Pvt. Room No. 655, Ltd.) Aayakar Bhavan, 412,4Th Floor, 17-G, Vs. M.K.Road, Vardhaman Chambers, Mumbai- 400 020 Cawasji Patel Road, Horniman Cirlce, Fort, Mumbai-400001 (Respondent) (Appellant) Pan No.Aaecp1936F Acit Cc-7(3) Macrotech Developers Ltd. Room No. 655, (Successor To Bellissimo Aayakar Bhavan, Developers Thane Private Limited) M.K.Road, 412, Floor-4, 17G Vs. Mumbai- 400 020 Vardhman Chamber, Cawasji, Patel Road, Horniman Circle, Fort, Mumabi-400 001 (Respondent) (Appellant) Pan No.Aadco0409D ‘Ita No. 1864/Mum/2022 (Assessment Year 2015-16) Macrotech Developers Ltd. Dcit, (Successor To Bellissimo Central Circle 7(3) Developers Thane Private Room No. 655, 6 Th Floor, Limited) 412, Floor-4, 17G Aaykar Bhavan, Vs. Vardhman Chamber, Cawasji, M. K. Road, Patel Road, Horniman Circle, Mumbai-400 021 Fort, Mumabi-400 001 (Respondent) (Appellant) Pan No.Aadco0409D

For Appellant: Shri. Gunajjan KakkadFor Respondent: Shri. Nishant Somaiya SRAR
Section 143(3)Section 36(1)(iii)

date on which the capital was borrowed for the acquisition of the asset till the date on which such asset was first put to use.” 013. On careful reading of the above circular,same applies to an asset which provides for capitalization of interest to the cost of the asset ... steel it is first put to use. In case of work in progress, it cannot be said that when it has been first put to use. Therefore, the argument of the revenue that decision of the Honourable Bombay High Court cannot be applied to the facts of this case