Depreciation

Sir,

Is it mandatory to claim depreciation under the income tax act 1961? Can I pay income tax without claiming benefit of depreciation under income tax act, 1961?

 

Regards,

Vikas

Replies (1)

No. It is not possible to compute tax liability without claiming depreciation. Depreciation as per Income Tax Act is a mandatory deduction to be applied in Income Tax computation.

Legal Provisions:

I. With reference to Explanation 5 to Section 32(1) of the Income Tax Act, 1961, Depreciation shall be allowed to the assessee whether or not the assessee has claimed deduction in respect of depreciation in computing his Total Income.

II. Besides, a plain-reading of section 32(1):

"32. Depreciation

(1) In respect of depreciation of buildings, machinery, plant or furniture owned by the assessee and used for the purposes of the business or profession, the following deductions SHALL, subject to the provisions of section 34, be allowed-"

The Act uses the word 'shall'. Hence it again proves the point.

 

Hope this clarifies the issue.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
28 August 2026
Audit Manager

K A R M & CO

Mumbai

CMA

View Details
Company
ARTICLESHIP 24 August 2026
Chartered Accountant Articles

Rohit KC Jain & Co

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 17 August 2026
CA Article Trainee

ASC Group

Noida

CA Inter

View Details
Company
17 August 2026
Chartered Accountant with US GAAP Experience

Austin Med Solutions Pvt Ltd

Bengaluru

CA

View Details
Company
ARTICLESHIP 26 August 2026
Article Assistant

ANIVESH CONSULTANTS LLP

Gurgaon

CA Inter

View Details
Company
ARTICLESHIP 29 August 2026
Article Assistant

RRPM & ASSOCIATES LLP

Chennai

CA Inter

View Details
Company
08 September 2026
Audit Executive

Thammana & Associates

Srikakulam

B.Com

View Details
Company
27 August 2026
ACCOUNTANT

CHARUPREETI & CO

Noida

Graduate (Any)

View Details