Section 33
Section 33: deduction for depreciation on business assets
Section 33 is the core depreciation provision for computing income from business or profession. It covers tangible assets (buildings, machinery, plant, furniture) and specified intangible assets acquired on or after 1 April 1998, owned wholly or partly and used wholly and exclusively for the business or profession.
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What qualifies for depreciation
Section 33(1) allows depreciation on tangible assets - buildings, machinery, plant or furniture - and on intangible assets such as know-how, patents, copyrights, trademarks, licences, franchises or similar business/commercial rights acquired on or after 1 April 1998 (goodwill is expressly excluded), where the assessee owns the asset wholly or partly and uses it wholly and exclusively for the business or profession.
For power-generation/distribution undertakings, Section 33(2) allows depreciation at a prescribed percentage of actual cost, rather than on the block-of-assets basis.
Block of assets and the written down value method
For other assets, Section 33(3) allows depreciation as a prescribed percentage of the written down value of the relevant block of assets.
Where a building, machinery, plant or furniture is used only partly for business or profession, the deduction is restricted to the fair proportionate part determined by the Assessing Officer, based on actual business usage.
No depreciation is allowed under this sub-section on any machinery or plant whose actual cost has already been allowed as a deduction under Section 54.
The 180-day rule and other key conditions
- If an asset (under sub-sections (2) or (3)) is acquired during the tax year and put to use for business/profession for less than 180 days in that year, the depreciation deduction is restricted to 50% of the prescribed rate.
- On succession, amalgamation or demerger, the combined depreciation claimed by predecessor/successor or amalgamating/amalgamated or demerged/resulting entities cannot exceed what would have been allowable had the reorganisation not taken place, and is apportioned on a pro-rata, days-used basis.
- A building held on lease or other right of occupancy (not owned by the assessee) is treated as owned by the assessee, for depreciation purposes, to the extent of capital expenditure incurred on construction, renovation, extension or improvement.
- Depreciation applies whether or not the assessee has actually claimed it while computing total income.
Additional depreciation on new plant and machinery
Section 33(8) and (9) allow an additional depreciation deduction for assessees engaged in manufacture/production of an article or thing, or in generation/transmission/distribution of power, on new machinery or plant that meets specified conditions (not previously used by anyone else before installation, not installed in office premises or residential accommodation, not an office appliance or road transport vehicle, and not fully written off under any other provision).
| Condition | Rate of additional depreciation |
|---|---|
| New machinery/plant acquired and put to use during the tax year | 20% of actual cost |
| New machinery/plant put to use for less than 180 days in the tax year | 10% of actual cost in that year, and the balance 10% in the immediately succeeding tax year |
Terminal (balancing) depreciation and carry-forward
Section 33(10) allows the shortfall between an asset's written down value and the moneys payable (including scrap value) as a deduction when a tangible asset is sold, discarded, demolished or destroyed - other than in the year it is first put to use - and the deficiency is actually written off in the books.
Section 33(11) provides that if depreciation exceeds the profits and gains available for the tax year, the unabsorbed portion is added to the following year's allowable depreciation and carried forward in the same way for subsequent years, subject to sections 112(3) and 113(4).
Frequently asked questions
What kinds of intangible assets qualify for depreciation under Section 33?
Know-how, patents, copyrights, trademarks, licences, franchises, or any other business or commercial right of a similar nature acquired on or after 1 April 1998 - but not goodwill of a business or profession.
What happens if a new asset is used for less than 180 days in the year it is acquired?
The depreciation deduction for that year is restricted to 50% of the prescribed rate for that block of assets.
How much additional depreciation can a manufacturing business claim on new machinery?
20% of the actual cost of new machinery or plant put to use during the tax year, or 10% (with the remaining 10% in the following year) if it is put to use for less than 180 days in the year of acquisition, subject to the other conditions in Section 33(8).
Can unabsorbed depreciation be carried forward?
Yes - under Section 33(11), if depreciation exceeds the available profits and gains of the tax year, the unabsorbed amount is added to the following year's depreciation deduction and can continue to be carried forward year after year, subject to sections 112(3) and 113(4).
Related sections
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Get your depreciation schedule reviewed by our tax audit teamLast updated 9 September 2026