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“Section 35(1)(iia)”

Section References (mined)Section 35Section 35(1)(iia)7 judgments

The decision most relied on for Section 35(1)(iia) is CIT v. Yokogawa India Ltd. (341 ITR 385), cited in 270 judgments on BharatTax.

Leading authorities on Section 35(1)(iia)

CIT v. Yokogawa India Ltd.
341 ITR 385 · 2012 · High Court
270
citing judgments

A provision for doubtful debts cannot be added back while computing book profits under Section 115JB of the Income-tax Act for Minimum Alternate Tax (MAT) purposes.

CIT v. VTM Ltd.
319 ITR 336 · 2009 · High Court
49
citing judgments

An assessee engaged in the manufacture or production of an article or thing is entitled to additional depreciation under Section 32(1)(iia) for new machinery or plant, such as a windmill for power generation, even if it is not directly used in the primary manufacturing activity.

(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.

ACIT v. Crompton Greaves Ltd.
111 Taxmann.com 338 · 2019 · ITAT
41
citing judgments

No disallowance under Section 14A is warranted if the Assessing Officer fails to record any finding regarding the incurrence of expenditure by the assessee for earning exempt income. The mere presence of sufficient interest-free funds in excess of interest-bearing funds does not automatically lead to a disallowance under Section 14A if no expenditure is linked to earning exempt income.

DCIT v. Gloster Jute Mills Limited
88 Taxmann.com 738 · 2017 · ITAT
39
citing judgments

Additional depreciation under Section 32(1)(iia) can be claimed in the year an asset is acquired and installed, even if it is claimed in a subsequent year of acquisition and installation.

CIT v. Gokal Das Images Private Limited
429 ITR 526 · 2020 · High Court
34
citing judgments

Disallowance under Section 14A cannot be added back when computing book profit under Section 115JB, as Section 115JB is a complete code in itself.

Texas Instruments (India) (P.) Ltd. v. Addl. CIT
115 Taxmann.com 154 · 2020 · ITAT
18
citing judgments

Additional depreciation under section 32(1)(iia) is allowable if the assessee is engaged in the business of manufacture or production, even if the new machinery or plant is not directly used in the manufacturing or production process.

Great Eastern Exports v. CIT
332 ITR 14 · 2011 · High Court
13
citing judgments

If the language of a statute is plain and capable of only one meaning, that obvious meaning must be given to the provision. This principle applies to statutory interpretation, including provisions like Section 14A which cannot be extended to Section 115JB.

Judgments citing Section 35(1)(iia)