Search Results for "excess depreciation"

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Search Results for "excess depreciation"

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High Court

Madras High Court Allows Assessee's Appeal in Income Tax Case — Unabsorbed Depreciation Set-off Against Section 69 Addition Upheld. Addition of Unaccounted Stock Treated as Business Income Under Section 32(2) of Income-Tax Act, 1961.

23 Jan 2026

The case involves an appeal by M/s.Sivasakthi Threads (assessee) against the order of the Income-Tax Appellate Tribunal which upheld the rejection of ...

Supreme Court

Supreme Court Allows Insurer's Appeal in Insurance Claim Dispute Over Depreciation Rate for Fire-Damaged Machinery. Court Holds That Insured's Failure to Reinstate Damaged Property Within Extended Time Renders Reinstatement Value Clause Inoperative, Entitling Only Market Value on Depreciation Basis.

6 May 2024

The dispute arose from a fire accident on 12.12.1998 that destroyed the '20 Hi Cold Rolling Mill' of the insured, M/s Bhushan Steel and Strips Ltd (la...

High Court

Bombay High Court Allows Deduction for Write-off of Debit Balances and Set-off of Unabsorbed Depreciation in Income Tax Appeal. The Court held that write-off of debit balances in sundry creditors and deposits is allowable as business loss, and unabsorbed depreciation can be set off against short term capital gains even after dissolution of the firm.

27 Sep 2023

The appellant, Bond Safety Belts (Dissolved), was a partnership firm that was dissolved with effect from 6th December 2014. The appeal was filed throu...

Supreme Court

Supreme Court Upholds Additional Tax on Reduction of Loss Under Section 143(1-A) of Income Tax Act, 1961 — Even Where Assessee Remains in Loss After Adjustment, Additional Tax Is Payable on the Amount of Reduction in Loss. The court held that the plain language of Section 143(1-A) applies when loss is reduced, and the additional tax is calculated on the adjustment amount as if it were total income, rejecting the argument that the provision is penal.

19 Mar 2020

The appellant, Rajasthan State Electricity Board, a government company, filed its income tax return for assessment year 1991-92 declaring a loss of Rs...

Supreme Court

Supreme Court Allows Appeal in Insurance Claim Dispute — Constructive Total Loss of Hydraulic Excavator Entitles Insured to Full Sum Insured Without Deduction for Underinsurance or Depreciation Applied at Renewal. The Court held that the insurer cannot apply underinsurance or double depreciation when the sum insured was fixed by the insurer at renewal without a fresh proposal form.

1 Feb 2019

The appellant, Sumit Kumar Saha, purchased a Volvo Hydraulic Excavator on 27.03.2007 for Rs.51,74,000/- and insured it with the respondent, Reliance G...

High Court

Bombay High Court Allows Assessee's Reference on Depreciation Rates but Upholds Revenue's Disallowances on Travel Expenses, Medical Reimbursement, Motor Car Perquisite, and Rent as Capital Expenditure. The Court held that depreciation under Section 32 must be allowed at rates as amended from 2.4.1983, while affirming that employee travel expenses after destination are disallowable under Section 39 read with Rule 60, medical reimbursement is part of salary under Section 40(c), actual expenditure on motor cars for directors is to be considered, and rent of Rs.16,91,250/- is capital expenditure.

18 Sep 2012

This is a reference under Section 256(1) of the Income Tax Act, 1961, arising from the order of the Income Tax Appellate Tribunal in ITA No.5873/Bom/8...

High Court

Bombay High Court Allows Writ Petition Challenging Reopening of Assessment Under Section 148 of Income Tax Act, 1961 — Depreciation on Goodwill Not a Valid Reason for Reassessment. The court held that reopening based on change of opinion is impermissible and that depreciation on goodwill is allowable under Section 32(1)(ii) of the Income Tax Act, 1961.

25 Jun 2012

The petitioner, Bedmutha Industries Ltd., challenged a notice dated 29 November 2010 issued under Section 148 of the Income Tax Act, 1961, seeking to ...

High Court

Bombay High Court Dismisses Revenue's Appeal in Income Tax Revision Case — Assessing Officer's Order Not Erroneous Under Section 263. Commissioner Cannot Substitute View Where Assessing Officer Applied Mind and Took Plausible View on Depreciation of Current Investments by Bank.

26 Feb 2010

The appeal by the Revenue under Section 260A of the Income Tax Act, 1961 arose from an order of the Income Tax Appellate Tribunal dated 15 January 200...

High Court

Bombay High Court Allows Assessee in Income Tax Reference Under Section 256(1) of Income Tax Act, 1961 — Profits on Sale of Machinery Not Taxable Under Section 41(2) as Depreciation Was Claimed by Dissolved Firm, Not by Assessee.

21 Jul 2005

The case involves a reference under Section 256(1) of the Income Tax Act, 1961 by the Income Tax Appellate Tribunal, Mumbai, for the opinion of the Bo...

Supreme Court

Supreme Court Allows Revenue's Appeal and Holds Transfer of Theatres to Partners on Dissolution Attracts Second Proviso to Section 10(2)(vii), Income-tax Act, 1922. The Return of Cinema Theatres by the Partnership to the Original Owners Amounted to a Transfer Resulting in Recoupment of Depreciation, Attracting Taxation of Excess Depreciation Under the Second Proviso.

8 Nov 1967

The dispute arose from the dissolution of a partnership consisting of two individuals, each of whom owned a cinematograph theatre. With effect from Ma...

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