22 November 2012
What should be the rate of Depreciation for the Leasehold Improvemets under Income Tax Act and in which block of assets it should be classify.
22 November 2012
CHECK POINT NO. 3 (Below in Note) and take decision accordingly.
RATE OF DEPRECIATION
AS APPLICABLE FROM THE ASSESSMENT YEAR 1988-89 ONWARDS
------------------------------------------------------------------------ Block of Assets Depreciation allowance (See Para 48.3-3) as percentage of written down value ------------------------------------------------------------------------ 1 2 ------------------------------------------------------------------------ A. TANGIBLE ASSETS 1. BUILDING (see Notes 1 to 4 below the table) (1) Buildings which are used mainly for residential purposes except hotels and boarding houses 5 (2) Buildings other than those used mainly for residential purposes and not covered by sub items (1) above and(3) below 10 (3) Buildings acquired on or after the 1st day of September, 2002for installing machinery 100 and plant forming part of water supply project or water treatment system ,and which is put to use for the purpose of business of providing infrastructure facilities under clause (i)of subsection (4) of section 80-IA (4) Purely temporary erections such as wooden structures 100
2. FURNITURE AND FITTING Furniture and fittings including electric fittings 15 (See Notes 5 below the Table)
3. MACHINERY AND PLANT (1) Machinery and plant other than those covered by sub-items(2),(3)and (8) below 25 (2) Motor cars,other than those used in a business of running them on hire, acquired or put to use 20 on or after Ist day of April, 1990 (3) (i) Aerplanes - Aeroengines
(ii) Motor buses, motor lorries and motor taxis used in a business of running them on hire 40
(iii) Commercial vehicle,which is acquired by the assessee on or after the 1st day of October, 1998 but before the 1st day of April,1999 and is put to use for any period before the 1st day of April,1999 for the purposes of 40 business or profession in accordance with the third proviso to clause (ii) of sub- section(I)of section 32(See Notes 6 below the Table)
(iv) New Commercial vehicle which is acquired on or after the 1st day of October,1998 but before the 1st day of April,1999 in replace- ment of condemned vehicle of over 15 years of age and is put to use for any period before the 1st day of April,1999 for the purposes of business or profession in accord- ance with the third proviso to clause(ii) of 60 sub-section (I) of section 32 (See Note 6 below the Table)
(v) New commercial vehicle which is acquired on or after the 1st day of April,1999 but before the 1st day of April,2000 in replacement of condemned vehicle of over 15 years of age and is put to use before the 1st day of April,2000 for the purposes of business or profession in accordance with the second proviso to clause (ii) of sub-section (I) of section 32 (See Note 6 below the Table) 60
(vi) New commercial vehicle which is acquired on or after the 1st day of April,2001 but before the 1st day of April,2002 and is put to use before the 1st day of April,2002 for the purposes 50 of business or profession (See Note 6 below the Table)
(vii) Moulds used in rubber and plastic goods factories 40
(viii)Air pollution control equipments, being (a) Electrostatic precipitation systems, (b) Felt-filter systems, 80 (c) Dust collector systems (d) Scrubber-counter current/venturi/packed- bed/cyclonic scrubbers (e) Ash handling system and evacuation system
(v) Water pollution control equipments, being (a) Mechanical screen systems, (b) Aerated detritus chambers (including air compressor), (c) Mechanically skimmed oil and grease removal systems, (d) Chemical feed systems and flash mixing equipments, (e) Mechanical flocculators and mechanical reactors, (f) Diffused air/mechanically aerated activated sludge systems, (g) Aerated logoon systems, (h) Biofilters, (i) Methane-recovery anaerobic digester systems, (j) Air floatation systems, (k) Air/steam stripping systems, (l) Urea hydrolysis systems, (m) Marine outfall systems, (n) Centrifuge for dewatering sludge, (o) Rotating biological contractor or bio disc, (p) Ion exchange resin column 80 (q) Activated carbon column
(x) (a) Solid waste control equipments, being- Caustic/lime/chrome/mineral/cryolite recovery system 80 (b) Solid waste recycling and resource recovery systems (applicable from the assessment year 1994-95)
(xi) Machinery and plant, used in semi-conductor industry covering all integrated circuits (ICs) (excluding hybrid integrated circuits) ranging from small scale integration/very large scale integration (LSI/VLSI) as also discrete semi conductor 40 devices such as diodes, transistors, thyristors, Iriacs, etc., other than those covered by entries (viii),(ix) and (x) or this sub-item and sub-item (8) below
(4) Containers made of glass or plastic used as refills 50 (5) Computers including computer software [see note 7 below the Table] 60 (6) Machinery and plant, used in weaving, processing and garment sector of textile industry, which is purchased under TUFS on or after the 1st day of April, 2001 but before the 1st day of April, 2004 and is put to use before the 1st day of April, 2004 [See Note 8 below the table]
(7) Machinery and Plant, acquired and installed on or after the 1st day of September,2002 in a water 100 supply project or a water treatment system and which is put to use for the purpose of business of providing infrastructure facility under clause (i) of sub-section (4) of section IA [See Notes 4 and 9 below the table]
(8) (i) Wooden parts used in artificial silk manu- facturing machinery 100 (ii) Cinematograph films-bulbs of studio lights 100 (iii)Match factories-Wooden match frames 100 (iv) Mines and quarries: 100 (a)Tubs ,winding ropes , haulage ropes and sand stowing pipes (b)Safety lamps (v)Salt works-Salt pans, reservoirs and 100 condensers ,etc., made of earthy, sandy or clayely material or any other similar material (vi)Flour mills –Rollers 80 (vii)Iron and steel industry 80 – Rolling mill rolls (viii)Sugar works –Rollers 80 (ix) Energy saving devices being- (A) Specialised bollers and furnaces - (a) Ignifluid/fluidized bed boilers (b) Flameless furnaces and continuous pusher type furnaces (c) Fluidized bed type heat treatment furnaces (d) High efficiencey boilers (thermal efficiency higher than 75 per cent in case of coal fired and 80 per cent in case of oil/gas fired boilers) 80
(B) Instrumentation and monitoring system for monitoring energy flows: (a) Automatic electrical load monitoring systems (b) Digital heat loss meters (c) Micro processor based control systems (d) Infra red thermography (e) Meters for measuring heat losses ,furnace oil flow ,steam flow ,electric energy and power factor meters (f) Maximum demand indicator and clamp on power meters.
(g) Exhaust gases analyser (h) Fuel oil pump test bench 80 (C) Waste heat recovery equipments: (a) Economisers and feed water heaters (b) Recuperators and air pre-heaters (c) Heat pumps (d) Thermal energy wheel for high and low temperature waste heat recovery 80 (D) Co-generation systems : (a) Back pressure pass out controlled extraction cum-condensing turbines for cogeneration along with pressure boilers (b) Vapour absorption refrigeration systems (c) Organic rankine cycle power systems (d) Low inlet pressure small steam turbines 80 (E) Electrical equipments (a) Shunt capacitors and synchronous condenser Systems (b) Automatic power cut off devices (relays) mounted on individual motors (c) Automatic voltage controller (d) Power factor controller for A.C. motors (e) Solid state devices for controlling motor speeds. (f) Thermally energy efficient stenters(which require 800 or less kilo calories of heat to evaporate one kilogram of water) 80 (g) Series compensation equipment (h) Flexible AC Transmission (FACT)devices- Thyristor controlled series compensation equipment (i) Time of Day (TOD) energy meters Equipment to establish transmission highways for National Power Grid to facilitate transfer of surplus power of one region to the deficient region (k) Remote terminal units/intelligent electronic devices , computer hardware/software,router/bridges,other
(F) Burners: (a) 0 to 10% excess air burners 80 (b) Emulsion burners (c) Burners using air with high preheat temp- erature (above 300'C) 80 (G) Other equipments: (a) Wet air oxidation equipment for recovery of chemicals and heat (b) Mechanical vapour recompressors (c) Thin film evaporators (d) Automatic micro processor based load demand controllers (e) Coal based producer gas plants (f) Fluid derives and fluid couplings (g) Turbo charges/Super charges (h) Sealed radiation sources for radiation processing plants (x) Gas cylinders including valves and regulator 80 (xi)Glass manufacturing concerns - Direct fire glass melting furnaces 80 (xiii)Mineral Oil Concerns-
(a) Plant used in filed operations(above group) Distribution Returnable packages
(b) Plant used in field operations (below ground) but not including kerbside pumps including underground tanks and fitting used in field operations (distribution) by mineral oil concerns 80
(xiii) Renewal Energy devices being - (a) Flat plate solar collectors (b) Concentrating and pipe type solar collectors (c) Solar Cookers (d) Solar water heaters and systems (e) Air/gas/fluid heating systems (f) Solar crop driers and systems (g) Solar refrigeration, cold storages and air conditioning systems (h) Solar steels and desalination systems (i) Solar power generating systems (j) Solar pumps based on solar thermal and solar photovoltaic conversions (k) Solar photovotaic modules and panels for water pumping and other applications (l) Wind mills and any specially designed devices which run on wind mills (m) Any special devices including electric generators and pumps running on wind energy (n) Biogas plant and biogas engines (o) Electrically operated vehicles including battery powered or fuel-cell powered vehicles (p) Agricultural and municipal waste conversion devices producing energy (q) Equipment for utilising ocean waste and thermal energy (r) Machinery and plant used in the manufacture of any of the above sub-items 80
[9] (i) Books owned by an assessee carrying on a profession (a)Books, being annual publications 100 (b)Books, other than those covered by 60 entry(a)above (ii)Books owned by assessees carrying on business in running lending libraries 100
IV. SHIPS (1) Ocean going ships including dredgers, tugs, barges,survey launches and other similar ships used mainly for dredging purposes and fishing vessels with wooden hull 25 (2) Vessels ordinarily operating on inland waters, not covered by sub-item 3 below 25 (3) Vessels ordinarily operating on inland water being speed boats 25 [See Note 10 below the Table]
B. INTANGIBLE ASSETS Know-how ,patents ,copyrights ,trademarks ,licences ,franchises or any other business or commercial rights of similar nature 25 Notes 1 “Building” include roads, bridges, culverts, wells and tubewells.
2 A building shall be deemed to be a building used mainly for residential purposes, if built up floor area thereof used for residential purposes is not less than sixty-six and two third percent of its total built up floor area and shall include any such building in the factory premises
3 In respect of any structure or work by way of renovation or improvement in or in relation to a building referred to in explanation 1 of clause (ii) of sub section (1) of section 32, the percentage to be applied will be the percentage specified against sub-item (1)or (2) of item 1 as may be appropriate to the class of building in or in relation to which the renovation or improvement is effected . Where the structure is constructed or the work is done by way of extension of any such building ,the percentage to be applied would be such percentage as would be appropriate, as if the structure or work constituted a separate building.
4 Water treatment/system includes system for desalinization ,demineralization and purification of water
5 “Electrical fittings” include electrical wiring ,switches ,sockets ,other fittings and fans etc.
6 “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”,” “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)
7 “Computer software” means any computer programme recorded on any disc ,tape,perforated media or their information storage device
8 “TUFS” means Technology Upgradation Funds Scheme announced by the government of India in the form of a resolution of the ministry of textiles vide no 28/1/99-CTI of 31.3.1999
9 Machinery and plant includes pipes needed for delivery from the source of supply of raw water to the plant and from the plant to the storage facility
10 “Speed boat” means a motor boat driven by a high speed internal combustion engine capable or propelling the boat at a speed exceeding 24 kilometers per hour in still water and so designed that when running a speed , if will plane, i.e., its bow will rise from the water.
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