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

Mentor Graphics (India) Pvt. Ltd, New Delhi vs. DCIT, New Delhi

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

ITA 399/DEL/2016[2011-12]Status: DisposedITAT Delhi06 Nov 2018AY 2011-12

Bench: Sh. N. K. Saini, Hon’Ble & Sh. Laliet Kumarita No. 399/Del/2016 : Asstt. Year : 2011-12 Mentor Graphics (India) Pvt. Ltd., Vs Dcit, B-92, 9Th Floor, Himalaya House, Circle-16(2), 23, K.G. Marg, New Delhi New Delhi-110001 (Appellant) (Respondent) Pan No. Aabcm5494Q Assessee By : Sh. Himanshu Sinha, Adv. & Sh. Bhuwan Dhoopar, Adv. Revenue By : Ms. Meeta Sinha, Citdr Date Of Hearing : 06.11.2018 Date Of Pronouncement : 06.11.2018 Order Per N. K. Saini: This Is An Appeal By The Assessee Against The Order Dated 27.11.2015 Passed By The Ao U/S 143(3) R.W.S. 144C(1) Of The Income Tax Act, 1961. 2. Following Grounds Have Been Raised In This Appeal: “1. On The Facts & In Law, The Learned Transfer Pricing Officer - 11(2), New Delhi ('Ld. Tpo') & The Learned Deputy Commissioner Of Income Tax - Circle 16(2) ('Ld. Ao') Erred In Determining & The Hon'Ble Dispute Resolution Panel ('Hon'Ble Drp') Erred In Confirming The Addition Of Rs. 197,790,802 To The Value Of International Transactions Pertaining To Provision Of Software Development Support Services By The Appellant To Its Associated Enterprises ('Aes') Under Section 92Ca(3) Of The Income-Tax Act, 1961 ('The Act').

For Appellant: Sh. Himanshu Sinha, Adv. &For Respondent: Ms. Meeta Sinha, CITDR
Section 143(3)Section 92C

DCIT Cen Cir 2(3), Mumbai vs. N.S Guzder & Co. Ltd, Mumbai

In the result, the appeal filed by the revenue is hereby ordered to be dismissed

ITA 239/MUM/2017[2004-05]Status: DisposedITAT Mumbai31 Oct 2018AY 2004-05

Bench: Shri G.S. Pannu, Vp & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.239/Mum/2017 (निर्धारण वर्ा / Assessment Year: 2004-05) Dcit Central Circle-2(3) बिधम/ M/S. N.S. Guzder & Co. Ltd. Room No. 804, 8Th Floor, Neville House, Currimbhoy, Vs. Old Cgo Building, Annex Road, Ballard Estate, M.K. Road, Mumbai-20. Mumbai-400038. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacn1223F (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri Chaitanya Anjaria (Sr Ar) Assessee By: Shri Nitesh Joshi & Sunil S. Jhunjhunwala सुनवाई की तारीख / Date Of Hearing: 13.08.2018 घोषणा की तारीख /Date Of Pronouncement: 31.10.2018 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 18.10.2016 Passed By The Commissioner Of Income Tax (Appeals) -52, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2004- 05. 2. The Revenue Has Raised The Following Grounds: - "1 On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Erred In Holding That The Gain Arising From Sale Of Property Namely El-Cid Flat Was Long Term Capital Loss Of Rs.1,42,40,336/- Without Appreciating The Fact That The Assessee Claimed Depreciation On This A.Y.2004-05

For Appellant: Shri Nitesh Joshi & Sunil SFor Respondent: Shri Chaitanya Anjaria (Sr AR)
Section 143(1)Section 143(3)Section 32