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Consequents of Disallownace of revenue exp. To Capital exp.

Tax queries 767 views 1 replies

During the assessment proceedings of Asst. yr. 2003-04, certain expenses  for Rs 1,00,000 on Air Conditioning plant claimed as revenue by us is disallowed on the ground the the amount is of capital nature and thus it is a capital expenditure.

 
Subsequent to appeal to Tribunal also it is held that the expenditure is of capital nature and cannot be allowed as revenue expenditure.
 
Now my query is:
  1. Can we claim the depreciation for the asst. yr 2009-10 and onwards on Rs 1,00,000?
  2. What will be the WDV as on 01/04/2008 for laiming depreciation on the said amount? Is it Rs 1,00,000 or (Rs 1,00,000 – Depreciation that would have been allowed for Asstt. Yr 2003-04 to Asst. yr 2008-09)?
  3. If WDV is Rs 1,00,000 – Depreciation that would have been allowed for Asstt. Yr 2003-04 to Asst. yr 2008-09, then Whether the depreciation for Asst. Yr 2003-04 to Asstt. Yr 2008-09 will be allowed in current Asst. yr. ie 2009-10?
  4. What will the effect on books of accounts where the same is charged to revenue?
  5. What will the effect on ( both transitional & originating ) Deferred Tax for the current Financial year ie 2008-09?
Replies (1)

Mr.Sujit Talukder

Have not made an alternate claim before the appellate authorities if  the cost of the Air Conditioner is not allowed as a revenue expenditure depreciation may be allowed.  If that claim was made the appellate authorities might have considered and woud have given directions to the Assessig Officer. 

From your querrey it seems that no such alternate claim was made.

Now you can claim depreciation on the Air Conditioner after arriving its WDV as per the provisions of section 43(1).

Best Wishes

Sathikonda

 


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