This Digest of case laws is prepared by KSA Legal and AIFTP from judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals
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S. 32: Depreciation-Generation and distribution of power-Multiple units of Captive Power Plant-Adopting Straight Line Method-Accepted in previous and subsequent years-No change in facts-Directed to allow depreciation on Straight Line Method. [S. 32(1)(i)]
SEl Manufacturing Co. Ltd v. Dy.CIT (2022)97 ITR 79 (SN) (Chd)(Trib)
S. 32: Depreciation-Additional depreciation-Allowable only in the year of acquisition and installation-Capitalization of Foreign Exchange Loss incurred on acquisition of Plant and Machinery outside India-Additional cost capitalized not eligible for depreciation. [S. 32(1)(iia), 43A]
Daeseung Autoparts India Pvt. Ltd v. ACIT (2022) 97 ITR 76 (SN) (Chennai)(Trib)
S. 32 :Depreciation-Commission-Liquidated damages-Deduction from sale consideration-Matter remanded. [S. 37(1)
TE Connectivity India P. Ltd. v. Dy. CIT, LTU (2022) 99 ITR 379 (Bang) (Trib)
S. 32 : Depreciation-Unabsorbed depreciation–Carry forward and set off-Could be set off during any number of years in view of the provisions of S. 32(2) as amended by Finance Act, 2001.[S. 32(2)]
ACIT v. J. K. Fenner (India) Ltd. (2022) 220 TTJ 595 (Chennai)(Trib)
S.32: Depreciation-Ownership of property-Possession of property-Full payment was made-Registration was completed within six date of agreement-Ownership relates back to date of agreement.[Indian Registration Act, 1908, 23, 47]
Jet Freight Logistics Ltd. v. CIT (Appeals) (NFAC) (2022)99 ITR 37 (SN)(Mum) (Trib)
S. 32 : Depreciation-Suspension of business activities-generation and sale of electricity-Kept the asset for ready to use-Eligible for depreciation-Interest disallowance-Matter remanded for verification. [S. 32(1)(ii), 36(1)(iii)]
Sambhav Energy Ltd. v. ACIT (2022) 220 DTR 305/ 220 TTJ 1147/(2023) 199 ITD 750 (Jodhpur) (Trib)
S. 32: Depreciation-Additional depreciation-Put to use less than 180 days-Balance additional depreciation of 10 Per Cent. can be claimed in succeeding assessment year. [S. 32(1)(ii)), 32(1)(iia)]
Dy. CIT v. Haldiram Snacks Pvt. Ltd. (2022) 98 ITR 75 (SN)(Delhi) (Trib)