Depreciation claim under Companies and Income tax

Hi All,

If we purchased an asset but did not put it to use, can we claim depreciation under Income Tax act or Companies Act?

Can you please help me to clear this doubt?

Thanks,

Replies (2)
Quick Summary
This discussion clarifies whether depreciation can be claimed on an asset purchased but not yet put to use, under both the Income Tax Act and Companies Act. It explains that for Income Tax, the asset must be owned, used (even if kept ready for use) during the previous year, and for business purposes. Several important case laws are referenced for further guidance. The response also highlights that claiming GST credit prevents depreciation claims under CGST Act section 16(3) and touches upon deferred tax calculations and accounting standards (AS 10/Ind AS 16).

Depreciation needs to be charged , even though Asset not to put in to use and kept ready to use and As per the income tax Act , you have to fulfil following conditions .
1) Assessee must be owner of the Asset
2) Asset must be used during previous year
3) Asset must be used for Business or profession purpose.
The use of asset may be active use or kept ready to use .


However there are certain Case laws , please go through 

1) ACIT vs Victory Aqua Farm Ltd ( Honorable supreme court case)
2) CIT vs Express resort and Hotels ( H' ble HC)
3) CIT vs Sonic Biochem ( H' ble Bombay High court)
4) CIT vs Swastik Industries etc.

In Case you claim GST credit you Can not Claim depreciation as per section 16(3) of the CGST Act . please refer 16(3) of the CGST Act

Calculation of Deferred Tax if you are claiming Depreciation ( Depreciation as per Companies Act and Income Tax Act difference)

Refer AS 10 or Ind As 16 , whichever is applicable to you for more details.

Take others opinion as well.

Depreciation charge from date of put to use in IT act
depreciation charge from date of ready to use as per AS and IND AS
but if Financial statement is prepared for IT purpose only the charge depreciation from date of put to use

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 11 July 2026
Article

SNCO

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 08 July 2026
Article internship

AJAY SINGH AND CO LLP

Thane

CA Final

View Details
Company
29 July 2026
ACCOUNTANT

ONESTEP GST SOLUTION

New Delhi

B.Com

View Details
Company
Featured 16 July 2026
CA Inter, CA Intermediate, CA IPCC, CA CPT, CA SemiQualified

Vakilsearch.com

Chennai

CA Inter

View Details
Company
16 July 2026
Manager - Finance & Accounts

Aliens Group

Hyderabad

CA Final

View Details
Company
ARTICLESHIP 28 July 2026
Article/Intern/Semi-Qualified/Fresher B.Com

VNSS & Co

Mumbai

Others

View Details
Company
23 July 2026
Semi qualified CA

Garg Bros & Associate CA

New Delhi

CA Inter

View Details
Company
Featured 18 July 2026
Senior Manager- Finance & Accounts

apricus india

Ahmedabad

CA

View Details
Follow