GST Practitioner & Accounts
15022 Points
Joined March 2014
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.