“Section 32(2)(iii)”
The decision most relied on for Section 32(2)(iii) is Challapalli Sugars Ltd. v. CIT (98 ITR 167), cited in 185 judgments on BharatTax.
Leading authorities on Section 32(2)(iii)
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.
The claim of depreciation under Section 32 of the Income Tax Act for assets used by charitable trusts is permissible, affirming the Bombay High Court's view that such a claim does not amount to a 'double benefit'.
The Legislature abolished terminal depreciation under section 32(1)(iii) and the taxing of balancing charge under section 41(2), replacing these provisions with the requirement to reduce sale proceeds of depreciable assets from the block of assets.
Where an assessee has mixed funds (borrowed and interest-free) and makes interest-free advances, it is presumed that such advances are made from interest-free funds if sufficient interest-free funds are available. This principle guides the disallowance of interest on borrowed capital under Section 36(1)(iii) if funds are diverted for non-business purposes without business expediency.
A non-compete fee, being a capital expenditure, is not allowable as a deduction from income and does not qualify for depreciation under Section 32(1)(ii) of the Income-tax Act, 1961.
Where goodwill is recorded pursuant to a merger based on purchase consideration determined by a valuation report, and no goodwill is transferred from the predecessor's books, the fifth proviso to section 32(1) of the Income-tax Act, 1961, is not applicable, and thus depreciation on such goodwill is not allowable.
The decision in Godrej & Boyce Manufacturing Company Ltd. [2017] 7 SCC 421 is referred to in the context of the rule of consistency, particularly concerning the application of provisions related to income calculation and disallowances.
Commercial expediency is not relevant to the allowability of interest-free advances when the advances are not made out of interest-bearing funds. The utilization of funds for capital investment in building constitutes commercial expediency.
