Section 43 of the Income Tax Act

Income-tax Act, 2025: ss.39, 41

Section 43 of the Income-tax Act, 1961 corresponds to section 39 (Computation of actual cost) and section 41 (Written down value of depreciable asset) of the Income-tax Act, 2025.

Read section 39 of the 2025 ActRead section 41 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 43 is CIT v. Artex Manufacturing Co. (227 ITR 260), cited in 36 of the 78 judgments on BharatTax that turn on this section.

Leading authorities on Section 43

CIT v. Artex Manufacturing Co.
227 ITR 260 · 1997 · Supreme Court
36
citing judgments

In a slump sale, the slump purchase price cannot be apportioned among individual assets for claiming depreciation, as there is no indication of the price attributable to specific assets out of the total sale consideration.

CIT v. Mugneeram Bangur & Corn. (Land Department)
57 ITR 299 · 1965 · Supreme Court
21
citing judgments

In a slump sale of a business undertaking, the slump purchase price cannot be apportioned amongst individual assets for the purpose of claiming depreciation if no item-wise value was assigned in the purchase agreement.

Commissioner of Income Tax v. Rassi Cements Ltd.
351 ITR 169 · 2013 · High Court
14
citing judgments

Subsidies received after commencement of production are of a revenue character and are taxable accordingly, particularly when the purpose of the subsidy is to assist in carrying out business operations rather than setting up the business.

ACIT v. Ashoka Buildcon Ltd.
61 Taxmann.com 330 · 2015 · Reported
14
citing judgments

Periodic maintenance expenses incurred on a road constructed under a concessionaire agreement are allowable as a deduction under Section 37, even if such repair work is carried out only in the 5th year.

Commissioner of Income Tax v. Godavari Plywoods
168 ITR 632 · 1987 · High Court
13
citing judgments

When an assessee receives a subsidy towards the cost of capital assets, that subsidy must be reduced from the cost of the fixed assets for the purpose of calculating depreciation. This reduction affects the Written Down Value (WDV) of the asset.

Trib.) 12. Hindustan Industrial Resources Ltd. v. ACIT
335 ITR 77 · 2011 · High Court
12
citing judgments

Land classified as agricultural by the District Collector is considered agricultural land for tax purposes, regardless of the owner's intention to use it for industrial purposes or the absence of agricultural operations.

DCIT v. Credtalpha Alternative Advisors P. Ltd.
134 Taxmann.com 223 · 2022 · ITAT
9
citing judgments
CIT v. National Hydroelectric Power Corporation
45 DTR 117 · 2010 · High Court
8
citing judgments
Agro Portfolio Private Limited v. PCIT
161 Taxmann.com 303 · 2024 · High Court
7
citing judgments
M/s. Brakes India Ltd. v. JCIT
363 ITR 13 · High Court
7
citing judgments

Judgments on Section 43

Vishal Furnishing Limited, Mumbai vs. Assistant Commissioner of Income Tax Circle 8(3)(1), Mumbai

ITA 4550/MUM/2024[2018-19]Status: DisposedITAT Mumbai01 Oct 2025AY 2018-19

Bench: Shri Om Prakash Kant, Am & Ms. Kavitha Rajagopal, Jm Vishal Furnishing Limited Assistant Commissioner Of Income 211, Shiv Shakti Industrial Complex, Tax, Circle 8(3)(1), Mumbai. Vs. Lower Parel, Mumbai – 400011. Pan/Gir No. Aaacr2138K (Appellant) : (Respondent) Assessee By : Shri Rahul Hakkani Respondent By : Shri Vivek Perampurna (Cit Dr) Date Of Hearing : 10.07.2025 Date Of Pronouncement : 01.10.2025 O R D E R Per Kavitha Rajagopal, J M: This Appeal Has Been Filed By The Assessee, Challenging The Order Of The Learned Commissioner Of Income Tax (Appeals) Delhi (‘Ld. Cit(A)’ For Short), National Faceless Appeal Centre (‘Nfac’ For Short) Passed U/S.250 Of The Income Tax Act, 1961 (‘The Act'), Pertaining To The Assessment Year (‘A.Y.’ For Short) 2018-19. 2. The Assessee Has Raised The Following Grounds Of Appeal: 1) The Learned Cit(A) Failed To Appreciate That The Assessment Order Was Passed In Violation Of The Principles Of Natural Justice & Contrary To The Scheme Of Assessment & Hence The Assessment Order Was A Nullity & Deserves To Be Quashed. 2) The Ld Cit(A) Erred In Confirming The Order Of Ao Disallowing Depreciation On Goodwill Of Rs 4,12,73,088/- (As Claimed In Accounts) Without Appreciating That Goodwill Had Arisen On Amalgamation & Was Eligible For Depreciation U/S 32 & Hence The Addition Of Rs 4,12,73,088/-May Be Deleted. Vishal Furnishing Limited

For Appellant: Shri Rahul HakkaniFor Respondent: Shri Vivek Perampurna (CIT DR)
Section 143(2)Section 250Section 32Section 32(1)Section 36(1)(va)

Deputy Commissioner of Income Tax Circle 1(1)(1) Vadodara, Vadodara vs. M/S. Inox Wind Energy Limited, Vadodara

In the result, the appeal filed by the Revenue stands dismissed

ITA 654/AHD/2025[2015]Status: DisposedITAT Ahmedabad26 Aug 2025

Bench: Ms Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.654/Ahd/2025 िनधा"रण वष" /Assessment Year : 2015-16 The Deputy Commissioner M/S. Inox Wind Energy Of Income Tax, बनाम/ Limited, V/S. Circle-1(1)(1), Abs Tower S. No.1837 & Vadodara. 1834, Op Road, Vadodara-390007. (Gujarat) "थायी लेखा सं./Pan: Aafc14628K अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Revenue By : Shri Rignesh Das, Cit-Dr Assessee By : Shri Bandish Soparkar, Ar सुनवाई की तारीख/Date Of Hearing : 21/08/2025 घोषणा की तारीख /Date Of Pronouncement: 26/08/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: ] ] This Appeal By The Revenue Is Directed Against The Order Of The Commissioner Of Income-Tax (Appeals)-11, Ahmedabad [Hereinafter Referred To As “The Cit(A)”] Dated 27.01.2025, Arising Out Of The Assessment Order Passed By The Assessing Officer Under Section 143(3) Of The Income-Tax Act, 1961 [Hereinafter Referred To As “The Act”], On 18.12.2017 For The Assessment Year 2015-16. Dcit Vs. Inox Wind Energy Limited Assessment Year 2015-16

For Appellant: Shri Bandish Soparkar, ARFor Respondent: Shri Rignesh Das, CIT-DR
Section 115JSection 142(1)Section 143(2)Section 143(3)Section 14A

Dn Solutions (India) Private Limited, Bangalore vs. The Income Tax Officer, Ward 2(1)(3), Bangalore

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

ITA 439/BANG/2024[2017-18]Status: DisposedITAT Bangalore24 Jun 2024AY 2017-18

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadavassessment Years : 2017-18 Dn Solutions (India) Private Limited, Vs. The Income Tax Officer, Ward – 2(1)(3), No.82, Jakkur Village, Yelahanka, Bangalore. Hobli Bangalore-560 064. Pan – Aafcd 7715 F Appellant Respondent Assessee By : Shri Ashik Shah & Sri Vinay Jain, Cas Revenue By : Shri Neha Sahay, Addl. Cit (Dr) Date Of Hearing : 20.06.2024 Date Of Pronouncement : 24.06.2024 O R D E R Per Shri Prakash Chand Yadavthe Present Appeal Of The Assessee Is Arising From The Order Passed By The Nfac, Delhi Dated 17/01/2024 In Din No. Itba/Nfac/S/ 250/2023-24/1059828155(1) For The Assessment Year 2017-18. 2. The Assessee, M/S Dn Solution India Private Limited Formerly Known As Doosan Machine Tools India Private Limited Is A Company Incorporated On July 05, 2016 & Is Engaged In The Business Of Trading In Parts & Spares Used In Machine Tools & Other Business Support Service Activities. 3. The Assessee Fled Its Return Of Income For Year Under Consideration On 29/11/2017 Declaring An Income Of Rs.18,58,390/-. The Case Of The Assessee Was Selected For Scrutiny After Issuing Page 2 Of 8 Statutory Notices. During The Course Of Assessment Proceedings, The Ao Made 4 Additions Mentioned As Under:-

For Appellant: Shri Ashik Shah & Sri Vinay Jain, CAsFor Respondent: Shri Neha Sahay, Addl. CIT (DR)