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

Saharanpur Electric Supply Co. Ltd. v. CIT
194 ITR 294 · 1992 · Supreme Court
35
citing judgments

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.

CIT v. Doom Dooma India Ltd.
310 ITR 392 · 2009 · Supreme Court
30
citing judgments

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.

ACIT v. Real Image Media Technologies P. Ltd.
114 ITD 573 · 2008 · ITAT
30
citing judgments

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".

CIT v. Abhishek Corporation
158 CTR 374 · 2000 · High Court
21
citing judgments
9 (Punjab & Haryana) (iii) CIT vs. Banwari Lal Banshidhar (1998) 229 ITR 229 (All) (iv) CIT v. Bahubali Neminath Muttin
242 Taxmann 279 · High Court
20
citing judgments
Madeva Upendra Sinai v. Union of India
98 ITR 209 · 1975 · Supreme Court
19
citing judgments
Commissioner of Income-tax v. Williamson Financial Services and Ors.
297 ITR 17 · 2008 · Supreme Court
17
citing judgments
CGT v. N.S. Getti Chettiar
82 ITR 599 · 1971 · Supreme Court
14
citing judgments
CIT v. SMSL-UANRCL
372 ITR 429 · 2015 · High Court
11
citing judgments
Principal Commissioner of Income-tax v. Marg Ltd.
2017 SCC OnLine MAD 37852 · 2017 · ITAT
11
citing judgments

Judgments on Section 29

DAMODARAM SURESH,GOBICHETTIPALAYAM vs. ITO, WARD 1(1), ERODE, ERODE

In the result, the appeal of the assessee is dismissed

ITA 2715/CHNY/2024[2017-18]Status: DisposedITAT Chennai05 Dec 2025AY 2017-18

Bench: Hon’Ble Shri Manu Kumar Giri & Shri Hon’Ble S.R. Raghunathaआयकर अपील सं./ Ita No.2715/Chny/2024 ननिाारण वर्ा /Assessment Year: 2017-18 Damodaran Suresh, The Income Tax Officer, Prop. Sumy Electronic, Vs. Ward-1(1), No.52, Main Road, Erode. Gobichettipalayam Tamil Nadu - 638 452. [Pan: Aijps3460M] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Appellant By : Mr.Girish Kumar, Advocate प्रत्यर्थी की ओर से /Respondent By : Mr.Bipin, C.N, Cit सुनवाई की तारीख/Date Of Hearing : 08.09.2025 घोर्णा की तारीख /Date Of Pronouncement : 05.12.2025 आदेश / O R D E R Per Manu Kumar Giri (): The Captioned Appeal Filed By The Assessee Is Directed Against Order Of The Ld. Principal Commissioner Of Income Tax, Coimbatore-1 [Pcit] Dated 09.02.2024 For Assessment Year 2017-18. 2. There Is A Delay Of 198 Days In Filing This Appeal. The Assessee Has Filed Petition Along With Affidavit For Condonation Of Delay Stating Damodaram Suresh :- 2 -: Therein The Reasons For Belated Filing Of The Appeal. On Perusal Of The Aforesaid Reasons In The Condonation Application, We Are Of The View That There Is Sufficient Cause For Belated Filing Of This Appeal. Hence, We Condone The Delay In Filing This Appeal & Proceed To Dispose Of The Appeals On Merits.

For Appellant: Mr.Girish Kumar, AdvocateFor Respondent: Mr.Bipin, C.N, CIT
Section 143(3)Section 263Section 4Section 40A(3)

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Section 29 of the Income Tax Act — Case Laws | BharatTax