Capital gain tax on depreciable asset

Tax queries 391 views 5 replies

Dear All, 

Is the capital gain tax aplicable in this case :

as per company act

Closing WDV of Car Block as on 31.03.2015 =  Rs 13,20,508/-  

there are 2 car in this block  :

1st Car Op. WDV as on  01.04.2015 = Rs 11,09,895/-

2nd Car op wdv as on 01.04.2015 = Rs 2,10,614/-

 

1st car sold on 12 Dec 2015 for  Rs 990,000/-

So capital gain is = 1109895 - 203114 (dep for 258day)- 9,90,000/- (sale value) = Rs 83220/-

So please let me know this capital gain is taxable or not as per IT act?

Thanks

 

  

Replies (5)
as per section 50 capital gains will be attracted in the following cases:
I) If all assets in the block are sold
ii) if some of the assets in the block sold and sale consideration is more than WDV value

Note: WDV value as per income tax act
we shall not compare WDV as per companies act with sale consideration in order to calculate capital gain.
we have to companies WDV as per income tax act with sale consideration.
WDV as per IT Act needs to be considered and not Co. Act.
further since not all Assets ceases to exist NOR Sale consideration is more than wdv no C.G shall arise.
also note in case of depreciable
WDV as per IT Act needs to be considered and not Co. Act.
further since not all Assets ceases to exist NOR Sale consideration is more than wdv no C.G shall arise.
also note in case of depreciable Asset CG shall always be Short term CG as pec sec 50 of Act.
yes it I taxable because capital gain will arise when block of assets is nill or wdv is less than sale value OK so hence it is taxable and u just asking that as as per company act or income tax act so dear let me clear one as per company act company only following the rule but tax is calculated AF per income tax act


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