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    <title>Unabsorbed Depreciation under Section 32(2) Can Offset Income from Any Source Without Business Activity</title>
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    <description>The ITAT held that unabsorbed depreciation under section 32(2) qualifies as current year&#039;s depreciation and is eligible for set-off against income under any head, including &quot;Income from other sources,&quot; irrespective of whether business activity was carried out during the relevant previous year. The tribunal found that the requirement of carrying on business during the year is not a condition precedent for invoking section 32(2). Consequently, the CIT(A)&#039;s confirmation of disallowance based solely on the absence of business activity was contrary to statutory provisions and judicial precedents. The ITAT set aside the CIT(A)&#039;s order and directed the AO to allow the set-off of brought forward unabsorbed depreciation for AY 2015-16 against the total income assessed. The assessee&#039;s appeal was allowed accordingly.</description>
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    <pubDate>Thu, 31 Jul 2025 08:17:24 +0530</pubDate>
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      <title>Unabsorbed Depreciation under Section 32(2) Can Offset Income from Any Source Without Business Activity</title>
      <link>https://www.taxtmi.com/highlights?id=91088</link>
      <description>The ITAT held that unabsorbed depreciation under section 32(2) qualifies as current year&#039;s depreciation and is eligible for set-off against income under any head, including &quot;Income from other sources,&quot; irrespective of whether business activity was carried out during the relevant previous year. The tribunal found that the requirement of carrying on business during the year is not a condition precedent for invoking section 32(2). Consequently, the CIT(A)&#039;s confirmation of disallowance based solely on the absence of business activity was contrary to statutory provisions and judicial precedents. The ITAT set aside the CIT(A)&#039;s order and directed the AO to allow the set-off of brought forward unabsorbed depreciation for AY 2015-16 against the total income assessed. The assessee&#039;s appeal was allowed accordingly.</description>
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      <pubDate>Thu, 31 Jul 2025 08:17:24 +0530</pubDate>
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