Section 32(1) of the Income Tax Act

Income-tax Act, 2025: s.33

Section 32(1) falls under section 32 of the Income-tax Act, 1961, which corresponds to section 33 (Deduction for depreciation) of the Income-tax Act, 2025.

Read section 33 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 32(1) is CIT v. Smifs Securities Ltd. (348 ITR 302), cited in 540 of the 386 judgments on BharatTax that turn on this section.

Leading authorities on Section 32(1)

CIT v. Smifs Securities Ltd.
348 ITR 302 · 2012 · Supreme Court
540
citing judgments

Goodwill, whether arising from an amalgamation or a slump sale, is an intangible asset eligible for depreciation under Section 32(1) of the Income-tax Act. While the assessee must prove the existence and valuation of such goodwill, it is recognized as a depreciable asset.

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.

CIT v. Oswal Agro Mills Ltd.
341 ITR 467 · 2012 · High Court
108
citing judgments

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.

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.

Pentasoft Technologies Ltd. v. DCIT
41 Taxmann.com 120 · 2014 · High Court
58
citing judgments

A non-compete fee paid as part of a business acquisition or transaction constitutes an intangible asset, eligible for depreciation under Section 32(1)(ii) of the Income-tax Act.

General Motors India (P.) Ltd. v. Dy. CIT
25 Taxmann.com 364 · 2012 · High Court
46
citing judgments

Section 44AB (tax audit) does not apply where the assessee is not engaged in a business or profession and consequently has no income under the head 'profits and gains from business or profession'.

Prolifics Corpn. Ltd. v. Dy. CIT
68 SOT 104 · 2015 · ITAT
45
citing judgments
Marketing Pvt. Ltd. v. DCIT
122 Taxmann.com 40 · 2020 · Reported
41
citing judgments

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.

United Breweries Ltd. v. ACIT
76 Taxmann.com 103 · 2016 · ITAT
41
citing judgments

Depreciation on goodwill arising from amalgamation is not admissible to the amalgamated company if no goodwill was admitted in the hands of the amalgamating company, applying Explanation 7 to Section 43(1) and the Sixth Proviso to Section 32(1)(ii).

CIT v. Nedungadi
264 ITR 545 · 2003 · High Court
40
citing judgments

Securities held by a bank are considered stock-in-trade, and any notional loss arising from their valuation at the year-end is allowable as a deduction.

Judgments on Section 32(1)

West-Bengal Power Development Corporate Ltd., Kolkata vs. DCIT, Cir-4(2), Kolkata

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 195/KOL/2023[2010-11]Status: DisposedITAT Kolkata19 Jul 2023AY 2010-11

Bench: Shri Rajesh Kumar, Hon’Ble & Shri Sonjoy Sarma, Hon’Bleassessment Year: 2010-11 The West Bengal Power Development Dcit, Circle-4(2), Corporation Limited Kolkata Bidyut Unnayan Bhaban, Plot No. Vs. 3/C, Block La, Sector-Iii, Salt Lake City, Kolkata-700098. Pan: Aabct 3027 C (Appellant) (Respondent) Present For: Appellant By : Shri Anuj Musaddi, Ca & Shri Rishav Narendra, Ar Respondent By : Shri Sunil Kumar Agarwal, Cit, Dr Date Of Hearing : 19.07.2023 Date Of Pronouncement : 19.07.2023 O R D E R Per Sonjoy Sarma, Jm: This Appeal By The Assessee For The Assessment Year 2010-11 Is Directed Against The Order Dated 11.01.2023 Passed By The Ld. Cit(A), Nfac, Delhi. The Assessee Has Raised Following Grounds Of Appeal: 1(A). On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(Appeals) Erred In Upholding Additions/Disallowances Made By The Ld. Ao Under The Provisions Of The Act In The Order Under Section 143(3)/ 263 Of The Act. 1(B). On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(Appeals) Erred In Not Considering The Submission Dated 16 August 2018 Filed By The Appellant Before The Ld. Commissioner Of Income Tax (Appeals)-2, Kolkata & Passing The Order Stating That The Appellant Has Not Complied With The Notices Of Hearing, Thereby Tendering The Order Unjust & Illegal: 2(A). Without Prejudice To Ground No. 1(B) Above, On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(Appeals) Grossly Erred In Upholding The Disallowance Of Depreciation Of Rs 21,30,15,951 Made By The Ld. Ao Under Section 32(1) Of The Act On Account Of Non-Production Of Documentary Evidences For Capitalization Of Capital Spares, Office Equipment Or Building Township. 2(B). On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(Appeals)/ Ld. Ao Grossly Erred In Not Considering That The Aforesaid

For Appellant: Shri Anuj Musaddi, CA & Shri Rishav Narendra, ARFor Respondent: Shri Sunil Kumar Agarwal, CIT, DR
Section 139(1)Section 143(3)Section 2(24)(x)Section 32(1)Section 36(1)(va)Section 40A(7)Section 43B

The Ramco Cements Limited, Rajapalayam vs. ACIT, Corporate Circle, Madurai

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

ITA 349/CHNY/2022[2011-12]Status: DisposedITAT Chennai12 Apr 2023AY 2011-12

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.349/Chny/2022 िनधा"रण वष"/Assessment Year: 2011-12 M/S. The Ramco Cements Limited, Vs. The Assistant Commissioner Of Ramamandiram, Income Tax, Rajapalayam 626 117, Corporate Circle 2, Tamil Nadu. Madurai. [Pan: Aabcm8375L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Muralidhar, F.C.A. ""थ" की ओर से/Respondent By : Shri M. Rajan, Cit सुनवाई की तारीख/ Date Of Hearing : 23.02.2023 घोषणा की तारीख /Date Of Pronouncement : 12.04.2023 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Principal Commissioner Of Income Tax, Madurai-1, Madurai, Dated 30.03.2022 Relevant To The Assessment Year 2011-12. 2. Brief Facts Of The Case Are That The Assessee Filed The Return Of Income For The Assessment Year 2011-12 On 27.09.2011 Admitting Total Income Of ₹. 211,89,91,960/-. Subsequently, The Case Was Selected For Scrutiny & Assessment Was Completed Under Section 143(3) Of The 2

For Appellant: Shri S. Muralidhar, F.C.AFor Respondent: Shri M. Rajan, CIT
Section 143(3)Section 263Section 32Section 32(1)