21 September 2011
IN THE FIRM WHERE EVERY YEAR CLAIM THE DEPRECIATION ON MOTOR CAR . AFTER FEW YEAR FIRM SOLD OUT THE MOTOR RS. 5000/- EXCESS OF BOOK VALUE ( DEPRECIATED VALUE ) IN THAT CASE EXCESS VALUE IS TAXABLE IN CAPITAL GAIN OR NOT , PLEASE CLEAR.
22 July 2025
Sure! Hereโs the detailed clarification on **sale of motor car (depreciable asset) and capital gains tax**:
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### Tax treatment of sale of depreciable asset like motor car:
1. **Block of Assets Concept** under Income Tax Act applies.
* Motor cars used in business are part of a **block of assets** under Section **2(11)** and Section **50** of the Income Tax Act.
2. **Depreciation claim and sale of asset:**
* When you sell a depreciable asset (like a motor car), the **difference between sale price and written down value (WDV) of the block** is considered a gain or loss.
3. **Capital gains or short-term capital gains?**
* **Depreciable assets are always treated as short-term capital assets, irrespective of the holding period.** * So, **any gain on sale of motor car (or other depreciable assets) is taxable as short-term capital gains (STCG).**
4. **Relevant Sections:**
* **Section 50:** Deals specifically with capital gains on transfer of depreciable assets forming part of block of assets. * The gain is computed as: **Sale Price โ WDV of the block immediately before the sale** * This gain is treated as **short-term capital gain** regardless of holding period.
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### Summary:
| Situation | Tax Treatment | Section | | ------------------------------------- | ------------------------------------------------------ | ---------- | | Sale of motor car (depreciable asset) | Gain is **short-term capital gain**, taxed accordingly | Section 50 | | Holding period irrelevant | Always short-term, even if held > 3 years | Section 50 |
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If you want, I can help you draft the exact formula or journal entries for this transaction. Would that help?