Lease financing

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Querist : Anonymous

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Querist : Anonymous (Querist)
22 September 2016 Dear Expert,

Our company is planning to buy a machinery on lease financing. Major terms of lease are as follows:
1. All the risks and rewards are transferred at the time of lease start
2. We will pay monthly lease rental comprising of principal and interest.
3. At the end of term of lease, we will be offered an option to legal entitlement at a token money.

As per AS-19, we will book the asset at full cost in our books of accounts, provide depreciation and reduce lease liability by each monthly principal payment.

My doubt is for income tax computation:
1. Are we entitled to depreciation? I believe not. Will we be entitled to depreciation after end of lease when we get the ownership?
2. What will be monthly lease rental expenses allowed under income tax? Only interest or interest and principal both.

22 September 2016 01. No depreciation to leasee
02. The full amount (What you are referring as principal +interest) will be allowed as lease rent

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Querist : Anonymous

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Querist : Anonymous (Querist)
22 September 2016 Thank you sir. In relation to this, we entered into this agreement in Feb'2016, PDC for next 5 years are issued to lessor, ST charged was at 14.5%. Machinery has not yet received by us, expected to receive in coming Dec/Jan..
Please advise whether ST will change to 15%?

22 September 2016 when will the first lease rental start? Mar 2016 or after the machinery is physically received by you?

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Querist : Anonymous

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Querist : Anonymous (Querist)
22 September 2016 after the machinery physically received by us

22 September 2016 if the lessor is a Company, then it must have shown the transaction in Feb 2016 itself....so the then rate of service tax is applicable.


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