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Depreciation at a lower rate

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(Querist)
25 November 2009 Can we claim depreciation at a lower rate than that specified in the Income Tax Act,1961 ?

say:-
Depreciation as per the Act - Rs. 102000
Claimed in I.T.R. - Rs. 75000
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CA Devanshi Gandhi (Ajani)

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CA Devanshi Gandhi (Ajani) (Expert)
25 November 2009 no
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CA. Rishabh Mittal

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CA. Rishabh Mittal (Expert)
25 November 2009 No, it's not possible. Whatever rates presc. in Income tax Act are fixed rates & not the minimum or maximum depreciation rates. Further, deduction of depreciation from Income is available even if assessee has claimed or not such deduction. Therefore, you need to claim total depreciation of rs. 102000.
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Manmohan ACA, CS

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Manmohan ACA, CS (Expert)
26 November 2009 No, read explanation 5 to section 32
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CA Ravi Sisodia

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CA Ravi Sisodia (Expert)
26 November 2009 no
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CA Deepak S

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CA Deepak S (Expert)
26 November 2009 No., It is not possible. Sec 32 is automatic. even if you did not claim depreciation the AO has to allow it while computing total income from business.
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