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

Sangsin Brakes India Private Limited, Thiruvallur vs. DCIT Corporate Circle 6(1), Chennai

In the result, the appeal of the assessee is partly allowed

ITTPA 26/CHNY/2019[2012-13]Status: DisposedITAT Chennai21 Jun 2024AY 2012-13

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.(Tp)A. No.26/Chny/2019 िनधा"रण वष"/Assessment Years: 2012-13 Sangsin Brakes India Private Limited, Vs. The Deputy Commissioner Of 126, Samathuvapuram, Muppedu Income Tax, Ulundai (Post), Thiruvallur 601 205. Corporate Circle 6(1), Chennai 600 034. [Pan: Aancs8291F] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri N.V. Balaji, Advocate ""थ" की ओर से/Respondent By : Shri Suresh Guduri, Jcit सुनवाई की तारीख/ Date Of Hearing : 16.05.2024 घोषणा की तारीख /Date Of Pronouncement : 21.06.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 30.11.2018 Passed By The Ld. Commissioner Of Income Tax (Appeals) 15, Chennai For The Assessment Year 2012-13. 2. We Find That The Registry Made Endorsement That The Appeal Was Filed With A Delay Of 34 Days. The Ld. Ar Shri N.V. Balaji, Advocate Submits That There Is No Delay As Such, The Assessee, By Inadvertent Mistake Mentioned The Date Of Receipt As Date Of Order Of The Ld. Cit(A) In Form 36. He Submits That The Assessee Received The Impugned Order On 2 I.T.(Tp)A. No.26/Chny/19

For Appellant: Shri N.V. Balaji, AdvocateFor Respondent: Shri Suresh Guduri, JCIT

Ashapura Stone Industries, Anand vs. The Income Tax Officer, Ward-3 Now Ward-1, Anand

ITA 28/AHD/2024[2013-14]Status: DisposedITAT Ahmedabad11 Jun 2024AY 2013-14

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar, Accountnat Member 1. Ita No.27/Ahd/2024 2. Ita No.28/Ahd/2024 Assessment Years : 2012-13 & 2013-14 (Respectively) Ashapura Stone Industries The Income Tax Officer Nh No.8, Nr. Geb Sub-Station Vs Ward-3 (Now Ward-1) Vasad – 388 306 (Gujarat) Anand Pan: Aaufa 6762 D अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri B.T. Thakkar, Ar Revenue By : Shri Ketan Gajjar, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 06/06/2024 घोषणा क" तार"ख /Date Of Pronouncement: 11/06/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: These Two Appeals By The Assessee Pertain To Different Assessment Years, But Involve Common Issues (Except Quantum In Appeal) & Hence Are Being Decided Together For The Sake Of Convenience & Brevity. The Appeals Are Directed Against The Orders Of The Ld.Commissioner Of Income Tax (Appeals) – National Faceless Appeal Centre, Delhi (Nfac) - [Hereinafter Referred To As “The Cit(A)”], For The Assessment Years (Ays) 2012-13 & 2013-14, Both Dated 16/11/2023, Arising Out Of Assessment Orders Passed For Respective Assessment Years By Assessing Officer

For Appellant: Shri B.T. Thakkar, ARFor Respondent: Shri Ketan Gajjar, Sr.DR
Section 142(1)Section 143(3)Section 148Section 271(1)(c)Section 32Section 69

Ashapura Stone Industries, Anand vs. The Income Tax Officer, Ward-3 Now Ward-1, Anand

ITA 27/AHD/2024[2012-13]Status: DisposedITAT Ahmedabad11 Jun 2024AY 2012-13

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar, Accountnat Member 1. Ita No.27/Ahd/2024 2. Ita No.28/Ahd/2024 Assessment Years : 2012-13 & 2013-14 (Respectively) Ashapura Stone Industries The Income Tax Officer Nh No.8, Nr. Geb Sub-Station Vs Ward-3 (Now Ward-1) Vasad – 388 306 (Gujarat) Anand Pan: Aaufa 6762 D अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri B.T. Thakkar, Ar Revenue By : Shri Ketan Gajjar, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 06/06/2024 घोषणा क" तार"ख /Date Of Pronouncement: 11/06/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: These Two Appeals By The Assessee Pertain To Different Assessment Years, But Involve Common Issues (Except Quantum In Appeal) & Hence Are Being Decided Together For The Sake Of Convenience & Brevity. The Appeals Are Directed Against The Orders Of The Ld.Commissioner Of Income Tax (Appeals) – National Faceless Appeal Centre, Delhi (Nfac) - [Hereinafter Referred To As “The Cit(A)”], For The Assessment Years (Ays) 2012-13 & 2013-14, Both Dated 16/11/2023, Arising Out Of Assessment Orders Passed For Respective Assessment Years By Assessing Officer

For Appellant: Shri B.T. Thakkar, ARFor Respondent: Shri Ketan Gajjar, Sr.DR
Section 142(1)Section 143(3)Section 148Section 271(1)(c)Section 32Section 69

Aurelia Housing Co-Operative Society Ltd., Kolkata vs. ITO, Ward-49(4), Kolkata.

In the result, appeal of the assessee is dismissed

ITA 1138/KOL/2023[2017-18]Status: DisposedITAT Kolkata05 Jun 2024AY 2017-18

Bench: Dr. Manish Borad, Hon’Ble & Shri Pradip Kumar Choubey, Hon’Blei.T.A. No. 1138/Kol/2023 Assessment Year: 2017-18 Aurelia Housing Co-Perative Income Tax Officer, Ward-49(4), Society Ltd. Vs Kolkata Premises No.-30 2222, Plot No. Cd-19 Action Area-I Major Arterial Road New Town Kolkata - 700156 [Pan : Aaaba0803F] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : None Revenue By : Shri Prabhas Roy, Jcit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 30/04/2024 घोषणा क" तारीख /Date Of Pronouncement: 05/06/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre (Hereinafter The “Ld. Cit(A)”) Dt. 22/08/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For Assessment Year 2017-18. 2. None Appeared On Behalf Of The Assessee. On The Previous Occasion When The Case Was Fixed For Hearing On 07/02/2024 & 23/01/2024, The Assessee Sought Adjournment. Today, There Is No Appearance. We, Therefore, Decide To Adjudicate The Appeal On The Basis Of Available Record & Hearing The Ld. D/R. 3. The Sole Issue Involved In The Instant Appeal Is The Disallowance Of Depreciation Claimed Of Rs. 33,69,260/-. Facts In Brief Are That The 2

For Appellant: NoneFor Respondent: Shri Prabhas Roy, JCIT, Sr. D/R
Section 143(2)Section 2Section 250Section 36Section 57