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

Pankaj J Mehta, Mumbai vs. ACIT 16 (3), Mumbai

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

ITA 359/MUM/2020[2016-17]Status: DisposedITAT Mumbai04 Oct 2021AY 2016-17

Bench: Sri Mahavir Singhaayakr Apila Sam./ Ita No. 359/Mum/2020 (Inaqa-Arna Baya- / Assessment Year 2016-17) Pankaj J Mehta The Asst. Commissioner Of Income Tax C-1105 Palm Beach Recidency Aayakar Bhavan, M.K. Road, Plot No. 24, To 29 Sec 4 Palm Vs. Mumbai-400 020 Beach Road Nerul W Navi Mumbai-400 706 (Apilaaqai- / Appellant) .. (P`%Yaqaai- / Respondent) स्थामी रेखा िं./Pan No. Abbpm4741N अऩीराथी की ओय े / Appellant By : Shri Kiran Kapadia; Ar प्रत्मथी की ओय े / Respondent By : Shri V.K. Chaturvedi, Dr स नवाई की तारीख / Date Of Hearing: 04.10.2021 घोषणा की तारीख / Date Of Pronouncement : 04.10.2021 Aadosa / O R D E R भहावीय स िंह, उऩाध्मक्ष के द्वाया / Per Mahavir Singh, Vp: This Appeal Of The Assessee Is Arising Out Of Order Of The Commissioner Of Income Tax (Appeals)]-7, Mumbai [In Short Cit(A)], In Appeal No. Cit(A)-7/It-70/2018-19 Vide Dated 18.11.2019. The Assessment Was Framed By The Asst. Commissioner Of Income Tax, Circle 16(3), Mumbai (In Short Acit/ Ito/ Ao) For The A.Y. 2016-17 Vide Order Dated 28.12.2018 Under Section 143(3) Of The Income-Tax Act, 1961 (Hereinafter ‘The Act’). 2. At The Outset, The Learned Counsel For The Assessee Mr. Kiran Kapadia Stated That The Order Passed By Cit(A) Is An Ex- Parte Order & For This, Assessee Has Raised The Following Ground No.4 :-

For Appellant: Shri Kiran Kapadia; ARFor Respondent: Shri V.K. Chaturvedi, DR
Section 143(3)Section 32

DCIT-3(2)(2), Mumbai vs. Nuevo Consultancy Services Pvt Ltd., Mumbai

In the result, the appeal of the Revenue is dismissed

ITA 4287/MUM/2019[2015-16]Status: DisposedITAT Mumbai04 Oct 2021AY 2015-16

Bench: Sri Mahavir Singhaayakr Apila Sam./ Ita No. 4287/Mum/2019 (Inaqa-Arna Baya- / Assessment Year 2015-16) The Dy. Commissioner Of Income Nuevo Consultancy Services Pvt. Ltd. Tax, Circle-3(2)(2) Vs. Shapoorji Pallonji Centre, 41/44 Aayakar Bhavan, Room No. 674, Minoo Desai Marg, Colabal, M.K. Road, Mumbai-400 020 Mumbai-400 005 (Apilaaqai- / Appellant) .. (P`%Yaqaai- / Respondent) स्थामी रेखा िं./Pan No. Aabcd7314A अऩीराथी की ओय े / Appellant By : Shri V.K. Chaturved, Dr प्रत्मथी की ओय े / Respondent By : Shri Dr. K Shivram, Ar स नवाई की तारीख / Date Of Hearing: 04.10.2021 घोषणा की तारीख / Date Of Pronouncement : 04.10.2021 Aadosa / O R D E R भहावीय स िंह, उऩाध्मक्ष के द्वाया / Per Mahavir Singh, Vp: This Appeal Of The Revenue Is Arising Out Of Order Of The Commissioner Of Income Tax (Appeals)]-8, Mumbai [In Short Cit(A)], In Appeal No. Cit(A)-8/It061/2017-18 Vide Dated 10.04.2019. The Assessment Was Framed By The Dy. Commissioner Of Income Tax, Circle-3(2)(2), Mumbai (In Short Dcit/ Ao) For The A.Y. 2015-16 Vide Order Dated 31.05.2017 Under Section 143(3) Of The Income-Tax Act, 1961 (Hereinafter ‘The Act’). 2. The First Issue In This Appeal Of Revenue Is Against The Order Of Cit(A) Deleting The Disallowance Of Expenses On Account Of Interest Made By Assessing Officer Under Section 36(1)(Iii) Of The Act. The Revenue Has Raised Various

For Appellant: Shri V.K. Chaturved, DRFor Respondent: Shri Dr. K Shivram, AR
Section 143(3)Section 36(1)(iii)

Hind Musafir Agency Ltd., Mumbai vs. Asst CIT 2(1)(2), Mumbai

In the result, this ground of appeal allowed for statistical purpose

ITA 591/MUM/2020[2016-17]Status: DisposedITAT Mumbai03 Sept 2021AY 2016-17

Bench: Shri Amarjit Singh, Jm & Shri Manoj Kumar Aggarwal, Am आयकर अपील सं/ I.T.A. No. 591/Mum/2020 (निर्धारण वर्ा / Assessment Year: 2016-17) Hind Musafir Agency Ltd. बिधम/ Acit-2(1)(2) 39Th Floor, Sunshine Tower, Aayakar Bhavan, Maharishi Vs. Senapati Bapat Marg, Dadar Karve Road, Mumbai- (W), Mumbai-400013. 400020. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaach1250Q (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Parth Achwal (Ar) Revenue By: Shri Gurbinder Singh (Dr) सुनवाई की तारीख / Date Of Hearing: 14/07/2021 घोषणा की तारीख /Date Of Pronouncement: 03/09/2021 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 25.11.2019 Passed By The Commissioner Of Income Tax (Appeals)-04, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y. 2016-17. 2. The Assessee Has Raised The Following Grounds: - “1. On The Facts & In The Circumstances Of The Case & In Law, The Commissioner Of Income-Tax (Appeals) Erred In Upholding (He Action Of The Assessing Officer \N Considering The Income From Letting Out Of Office Premises Owned By The Appellant Under The Head 'Profits & Gains Of Business Or Profession' Instead Of The Head 'Income From House Property'.

For Appellant: Shri Parth Achwal (AR)For Respondent: Shri Gurbinder Singh (DR)
Section 115JSection 143(2)Section 14ASection 32