Income Tax Act, 1961
Section 9: Ins. by Act 11 of 1999, s. 5 (w.e.f. 11999).
9. Ins. by Act 11 of 1999, s. 5 (w.e.f. 11999).
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Explanation.—For the purposes of this proviso,—
(a) the expression “commercial vehicle” means “heavy goods vehicle”, “heavy passenger motor
vehicle”, “light motor vehicle”, “medium goods vehicle” and “medium passenger motor vehicle” but
does not include “maxi-cab”, “motor-cab”, “tractor” and “road-roller”;
(b) the expressions “heavy goods vehicle”, “heavy passenger motor vehicle”, “light motor
vehicle”, “medium goods vehicle”, “medium passenger motor vehicle”, “maxi-cab”, “motor-cab”,
“tractor” and “road roller” shall have the meanings respectively as assigned to them in section 2 of
the Motor Vehicles Act, 1988 (59 of 1988):]
1[Provided also that, in respect of the previous year relevant to the assessment year commencing
on the 1st day of April, 1991, the deduction in relation to any block of assets under this clause shall,
in the case of a company, be restricted to seventy-five per cent. of the amount calculated at the
percentage, on the written down value of such assets, prescribed under this Act immediately before
the commencement of the Taxation Laws (Amendment) Act, 1991 (2 of 1991):]
2[Provided also that the aggregate deduction, in respect of depreciation of buildings, machinery,
plant or furniture, being tangible assets or know-how, patents, copyrights, trademarks, licences,
franchises or any other business or commercial rights of similar nature, being intangible assets
allowable to the predecessor and the successor in the case of succession referred to in 3[clause (xiii),
clause (xiiib) and clause (xiv)] of section 47 or section 170 or to the amalgamating company and the
amalgamated company in the case of amalgamation, or to the demerged company and the resulting
company in the case of demerger, as the case may be, shall not exceed in any previous year the
deduction calculated at the prescribed rates as if the succession or the amalgamation or the demerger,
as the case may be, had not taken place, and such deduction shall be apportioned between the
predecessor and the successor, or the amalgamating company and the amalgamated company, or the
demerged company and the resulting company, as the case may be, in the ratio of the number of days
for which the assets were used by them.]
4[Explanation 1.—Where the business or profession of the assessee is carried on in a building not
owned by him but in respect of which the assessee holds a lease or other right of occupancy and any
capital expenditure is incurred by the assessee for the purposes of the business or profession on the
construction of any structure or doing of any work in or in relation to, and by way of renovation or
extension of, or improvement to, the building, then, the provisions of this clause shall apply as if the
said structure or work is a building owned by the assessee.
Explanation 2.—5[For the purposes of this sub-section] “written down value of the block of
assets” shall have the same meaning as in clause (c) of sub-section (6) of section 43.]
6[Explanation 3.—For the purposes of this sub-section, 7[the expression “assets”] shall mean—
(a) tangible assets, being buildings, machinery, plant or furniture;
1. Ins. by Act 2 of 1991, s. 4 (w.e.f. 151991). Later Act 2 of 1991 repealed by Act 23 of 2016, s. 2 and the First Schedule
(except s. 6) (w.e.f. 62016).
the expression “commercial vehicle” means “heavy goods vehicle”, “heavy passenger motor
vehicle”, “light motor vehicle”, “medium goods vehicle” and “medium passenger motor vehicle” but
does not include “maxi-cab”, “motor-cab”, “tractor” and “road-roller”;
the expressions “heavy goods vehicle”, “heavy passenger motor vehicle”, “light motor
vehicle”, “medium goods vehicle”, “medium passenger motor vehicle”, “maxi-cab”, “motor-cab”,
“tractor” and “road roller” shall have the meanings respectively as assigned to them in section 2 of
the Motor Vehicles Act, 1988 (59 of 1988):]
1[Provided also that, in respect of the previous year relevant to the assessment year commencing
on the 1st day of April, 1991, the deduction in relation to any block of assets under this clause shall,
in the case of a company, be restricted to seventy-five per cent. of the amount calculated at the
percentage, on the written down value of such assets, prescribed under this Act immediately before
the commencement of the Taxation Laws
Act, 1991 (2 of 1991):]
2[Provided also that the aggregate deduction, in respect of depreciation of buildings, machinery,
plant or furniture, being tangible assets or know-how, patents, copyrights, trademarks, licences,
franchises or any other business or commercial rights of similar nature, being intangible assets
allowable to the predecessor and the successor in the case of succession referred to in 3[clause
and clause
of sub-section
of section 43.]
6[Explanation 3.—For the purposes of this sub-section, 7[the expression “assets”] shall mean—
tangible assets, being buildings, machinery, plant or furniture;
1. Ins. by Act 2 of 1991, s. 4 (w.e.f. 151991). Later Act 2 of 1991 repealed by Act 23 of 2016, s. 2 and the First Schedule
(except s. 6) (w.e.f. 62016).