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32AC

ITA 1961 · Section 32AC

Section 32AC — Investment in new plant or machinery

STATUTORY ARCHITECTURE — 18-ROW MAP

Function in the statutory architecture

Section 32AC gave a company engaged in manufacture or production of any article or thing a deduction of fifteen per cent of the actual cost of new assets. Under sub-section (1), it applied where new assets acquired and installed after 31-3-2013 but before 1-4-2015 cost more than Rs 100 crore in aggregate, for AY 2014-15 and AY 2015-16. Under sub-section (1A), it applied where new assets acquired in a previous year cost more than Rs 25 crore and were installed on or before 31-3-2017; the deduction was allowed in the year of installation.

“New asset” means new plant or machinery other than a ship or aircraft. It excludes plant used before by any other person, plant in office or residential premises, office appliances including computers or software, vehicles, and plant whose whole cost is deducted in one year.

Operative consequences

  • If a new asset is sold or transferred within five years from installation, except in an amalgamation or demerger, the deduction is deemed business income of the year of transfer, in addition to any gain on the transfer (sub-section (2)).
  • In an amalgamation or demerger, the same rule binds the amalgamated or resulting company (sub-section (3)).
  • A company eligible under sub-section (1) for AY 2015-16 could not also claim under sub-section (1A) for that year.

Status

The section is not operative for AY 2026-27. Sub-section (1B) provides that no deduction under sub-section (1A) “shall be allowed for any assessment year commencing on or after the 1st day of April, 2018”, and sub-section (1) covered only AY 2014-15 and AY 2015-16. The Finance Act, 2026 does not amend this section.

The 1961 Act governs AY 2026-27 and earlier assessment years; the Income-tax Act, 2025 governs tax year 2026-27 onwards. For this subject there is no provision in the Income-tax Act, 2025.

Case law on Section 32AC

ITAT, High Court and Supreme Court judgments applying this section, on BharatTax.net, our income tax case law search.