banner_ad

Depreciation claim under Companies and Income tax

Others 344 views 2 replies

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)

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


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Topics
Loading
Company
14 May 2026
Senior Accounts Executive

Karan Gupta & Co.

New Delhi

Graduate (Any)

View Details
Company
ARTICLESHIP 15 May 2026
Audit Assistant / Article Trainee / Intern

SSGS and Associates

Chennai

CA Inter

View Details
Company
ARTICLESHIP 31 May 2026
Article Assistant

KPRS And Associates

New Delhi

CA Inter

View Details
Company
10 June 2026
Senior Account Executive

JDS Advisory LLP

Ahmedabad

CA Inter

View Details
Company
26 May 2026
CA / MBA (Finance) / CMA / M.Com (Finance)

Sri Aurobindo Gnostic Centre of Education

New Delhi

CA

View Details
Company
ARTICLESHIP 27 May 2026
CA Article Trainee

Rahul Dang & Associates-Chartered Accountants

Pune

CA Inter

View Details
Company
19 May 2026
Fundraising Expert

MentorsWorld Ventures Private Limited

Ahmedabad

Others

View Details
Company
14 May 2026
ICSI Trainees for 21 Months and Semi-Qualified CS

CMNITY HIRE

New Delhi

Others

View Details