Depreciation on new building purchase

Others 310 views 7 replies

Option -1:

A company want to acquire Building , for which company has paid 10% of total value of building as banakhat. however remaining 90% payment will be made at the time of registration i.e. making dastavege which will be made on 6th of october.

Option-2

A company want to acquire Building , for which company has paid 10% of total value of building as banakhat. however remaining 90% payment will be made on on before 1st october.The registration i.e.  dastavege in this case also will be made on 6th of october.

In above both option whether company can claim full depreciation or depreciation at half rate?

Replies (7)

DEPT CALCULATE  ON THE BASIS OF REGISTRATION DATE ,

IF REGISTRATION DATE BEFORE 1 OCT THEN  YOU  CAN CLAIM FULL DEPT 

OTHERWISE CAN CLAIM HALF DEPT 

NOTE : BUILDING MUST BE IN  USE 

Eventhough full payment made, only legal formalities pending i.e. company has right to use building before october as full payment made only regtistration elayed, can compny claim full depreciation?

 

GOOD HARIKRUSHNA SIR 

BUT I THINK BEFORR  THE  DATE OF REGISTRATION ,

IN GOVT RECORD YOU ARE NOT OWNER OF BUILDING ,

AND BEFORE THE REGISTRATION THE PAYMENT MAY BE AS ADVNCE PAYMENT 

SIR , I THINK A.O. CHECK THE DATE OF REGISTRATION  AND AQUIRED DATE FOR CROSS CHECK  WITH  CLAIMED DEPT .

 

Possession and usage of the asset is required to claim full depreciation. Legal formalities are not so material here.
See whether ownership is there or not.

as per the Act deperciation can be claimed if the asset it is put to use so in substance if possesion is transfered, depreciation can be claimed, registration is not important.

there is also a judgement of  high court to support t6his.

 

yes registration is not important if possasion is held with assessee so u can claim full dep


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