Section 29 of the Income Tax Act
The decision most relied on for Section 29 is Saharanpur Electric Supply Co. Ltd. v. CIT (194 ITR 294), cited in 35 of the 85 judgments on BharatTax that turn on this section.
Leading authorities on Section 29
If the actual cost of an asset was wrongly assessed in earlier years, it can be recomputed and corrected in subsequent assessment years. Interest incurred before production on borrowed money for plant construction can be capitalized and added to the cost of fixed assets.
The 'written down value' (WDV) under Section 43(6)(b) is determined by depreciation that has been 'actually allowed', meaning it has been taken into account or granted and given effect to by the Income-tax Officer in computing taxable income.
Section 43B of the Income Tax Act, 1961, which requires certain statutory liabilities to be paid by a specific due date for allowability of deduction, does not apply to service tax if the service tax has not become payable due to non-receipt of payments from the service recipient. This is because section 43B refers to a "sum payable by the assessee".
Judgments on Section 29
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