Section 32 of the Income Tax Act

Income-tax Act, 2025: s.33

Section 32 of the Income-tax Act, 1961 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 is CIT v. Smifs Securities Ltd. (348 ITR 302), cited in 540 of the 2,762 judgments on BharatTax that turn on this section.

Leading authorities on Section 32

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.

Sahney Steel and Press Works Ltd. v. CIT
228 ITR 253 · 1997 · Supreme Court
429
citing judgments

A subsidy is treated as a revenue receipt if the assessee is free to use the money in its business as it likes and is not obligated to spend it for a specific capital purpose, such as acquiring assets or repaying loans.

Sutlej Cotton Mills Ltd. v. CIT
116 ITR 1 · 1979 · Supreme Court
409
citing judgments

A gain arising from the cancellation of a forward exchange contract entered into for the acquisition of a capital asset constitutes a capital receipt. Income-tax liability for such transactions is determined by the specific provisions of the Income Tax Act, independent of the accounting treatment in the books of account.

Chennai Properties & Investments Ltd. v. CIT
373 ITR 673 · 2015 · Supreme Court
381
citing judgments

Income from immovable property, such as unsold flats or shops, held by an assessee as stock-in-trade in their business of acquiring and holding properties is taxable as 'business income' and not 'income from house property'. Consequently, notional annual letting value under Section 23 cannot be attributed to such stock-in-trade.

CIT v. Bokaro Steel Ltd.
236 ITR 315 · 1999 · Supreme Court
370
citing judgments

Interest earned during the pre-commencement period of a project, on advances made to contractors or on unutilized borrowed funds, if inextricably linked to the setting up of the plant, constitutes a capital receipt. Such interest is not taxable as income but can be reduced from the capital work-in-progress.

Alembic Chemical Works Co. Ltd. v. CIT
177 ITR 377 · 1989 · Supreme Court
275
citing judgments

Expenditure that provides a commercial advantage of an enduring nature may still be classified as revenue expenditure if its purpose is to facilitate existing trading operations, improve business efficiency, or upgrade existing products, depending on the specific context and objective.

Mysore Minerals Ltd. v. CIT
239 ITR 775 · 1999 · Supreme Court
215
citing judgments

For income tax purposes, the 'owner' of a property is the person who is entitled to receive income in their own right, bears the risks incidental to ownership, and utilizes the asset, even if the sale deed is not formally registered. This beneficial ownership is sufficient for claiming depreciation or capital gains exemption under relevant sections.

CIT v. Infosys Technologies Ltd.
341 ITR 293 · 2012 · High Court
205
citing judgments

A Commissioner can revise an assessment order under Section 263 if it is erroneous and prejudicial to the interests of the revenue. This includes cases where the Assessing Officer fails to make further inquiries before accepting the assessee's statements in the return.

Assam Bengal Cement Co. Ltd. v. CIT
27 ITR 34 · 1955 · Supreme Court
174
citing judgments

The Supreme Court established the foundational test for distinguishing between capital and revenue expenditure, holding that the aim and object of the expenditure and whether it brings into existence an asset or an advantage of an enduring nature determines its character, irrespective of the payment method. An advantage lasting five years or more can be considered enduring.

CIT v. P.J. Chemicals Ltd.
210 ITR 830 · 1994 · Supreme Court
158
citing judgments

This Supreme Court decision clarifies the conditions under which a capital subsidy received by an assessee should be reduced from the 'actual cost' of an asset for computing depreciation under Section 43(1) of the Income-tax Act, depending on whether the subsidy directly meets the cost of the asset.

Judgments on Section 32

DCIT, Cir-10(1), Kolkata vs. M/S Albert David Ltd., Kolkata

In the result, the appeal of the revenue is treated as allowed for statistical purposes

ITA 1305/KOL/2016[2012-2013]Status: DisposedITAT Kolkata12 Jan 2018AY 2012-2013

Bench: Shri P.M. Jagtap, Am & Shri S.S. Viswanethra Ravi, Jm] I.T.A. No. 1305/Kol/2016 Assessment Year: 2012-13 D.C.I.T, Cir-10(1), Kolkata..............................…………………………………................Appellant P-7, Chowringhee Square, 3Rd Floor, Kolkata – 700 069 M/S. Albert David Ltd....…………………………………………………….........................Respondent 15, Chittranjan Avenue, Kolkata – 700 072 [Pan: Aacca 3933 D] Appearances By: Shri Arindam Bhattacharjee, Addl. Cit Appearing On Behalf Of The Revenue. Shri Rajeeva Kumar, Advocate Appearing On Behalf Of The Assessee. Date Of Concluding The Hearing : December 12, 2017 Date Of Pronouncing The Order : January 12 , 2018 Order Per P.M. Jagtap, Am This Appeal Is Preferred By The Revenue Against The Order Of Ld. Cit(Appeals) – 4, Kolkata Dated 29.03.2016 & The Solitary Issue Involved Therein Relates To The Deletion By The Ld. Cit(A) Of The Addition Of Rs. 85,34,346/- Made By The A.O. On Account Of Assessee’S Claim For Additional Depreciation Of Moulds. 2. The Assessee In The Present Case Is A Company Which Is Engaged In The Business Of Manufacturing & Trading Of Pharmaceutical Products. The Return Of Income For The Year Under Consideration Was Originally Filed By It On 29.09.2012 Declaring A Total Income Of Rs. 11,54,94,310/-. Thereafter A Revised Return Was Filed By The Assessee On 26.03.2013 Declaring A Total Income Of Rs. 11,86,54,770/-. In The Assessment Completed Under Section 143(3) Vide An Order Dated

Section 133ASection 143(3)Section 148Section 32Section 37(1)

Asst CIT (OSD) 8(3), Mumbai vs. Time Technoplast Ltd, Mumbai

In the result, the appeal filed by the Revenue is hereby ordered to be dismissed and assessee appeal is hereby ordered to be allowed

ITA 7008/MUM/2014[2010-11]Status: DisposedITAT Mumbai02 Jan 2018AY 2010-11

Bench: Shri Rajendra, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 7045/Mum/2014 (निर्धारण वर्ा / Assessment Year: 2010-11) M/S. Time Technoplast Ltd. बिधम/ Acit, Range-8(3) 102, Todi Complex, 35 Saki Vs. Mumbai Vihar Road, Andheri (E), Mumbai-400072 आयकर अपील सं/ I.T.A. No.7008/Mum/2014 (निर्धारण वर्ा / Assessment Year: 2010-11) Acit, Range-8(3) बिधम/ M/S. Time Technoplast Ltd. 102, Todi Complex, 35 Saki Vs. Mumbai Vihar Road, Andheri (E), Mumbai-400072 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaact2783J (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Revenue By: Shri V. Justin (Dr) Assessee By: Shri Rakesh Joshi सुनवाई की तारीख / Date Of Hearing: 05.10.2017 घोषणा की तारीख /Date Of Pronouncement: 02. 01.2018 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee As Well As Revenue Have Filed The Above Mentioned Appeals Against The Order Dated 24.09.2014 Passed By The Commissioner Of Income Tax (Appeals)-18, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2010-11. Ita. Nos 7045/M/2014 7008/M/2014 A.Y. 2010-11

For Appellant: Shri Rakesh JoshiFor Respondent: Shri V. Justin (DR)
Section 142(1)Section 143(1)Section 143(2)Section 14ASection 271(1)(c)Section 80

M/S Rb Polymers Ltd., Kolkata vs. DCIT, Cir-4, Kolkata

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

ITA 202/KOL/2016[2009-2010]Status: DisposedITAT Kolkata15 Dec 2017AY 2009-2010

Bench: Shri A.T. Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.202/Kol/2016 (िनधा"रणवष" / Assessment Year: 2009-10) Rb Polymers Ltd. Vs. Cit(A)-2, Kolkata 25, R.N. Mukherjee Road, 4Th Aayakarbhawan, P-7, Floor, Suite-F, Kolkata – 1. Chowringhee Square, Kolkata-69. "थायीलेखासं./जीआइआरसं./Pan/Gir No. : Aabcr 3117 R (अपीलाथ"/Assessee) (""यथ" / Respondent) .. िनधा"रतीक"ओरसे /Assessee By : Shri Subash Agarwal, Advocate. राज"वक"ओरसे /Respondent By : Shri Saurabh Kumar, Addl. Cit(Dr) सुनवाईक"तारीख/ Date Of Hearing : 16/11/2017 घोषणाक"तारीख/Date Of Pronouncement : 15/12/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2009-10, Is Directed Against The Order Passed By The Commissioner Of Income Tax (Appeals)-2, Kolkata, In Appeal No.1386/Cit(A)-2/Cir-4/2014- 15, Dated 22.12.2015, Which In Turn Arises Out Of An Order Passed By The Assessing Officer Under Section 143(3) Of The Income Tax Act, 1961, (Hereinafter Referred To As The ‘Act’), Dated 28.12.2011. 2.The Assessee Has Raised The Following Grounds Of Appeal: 1.That The Impugned Order Dated 22Nd December 2015 Passed By The Learned Commissioner Of Income Tax,(Appeals) - 2 Is Liable To Be Quashed Since It Has Been Passed In Haste Without Application Of Mind & Without Considering The Evidences Furnished & Submissions Made By The Appellant In Course Of Hearing Of The Appeal.

For Appellant: Shri Subash Agarwal, AdvocateFor Respondent: Shri Saurabh Kumar, Addl. CIT(DR)
Section 143(3)Section 154Section 32