Dear Sir, I in current assessment year, I didn't want to claim depreciation in ITR-3, in any legal issues? it is partnership Firm, and in next year would can I claim depreciation? pls.
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Quick Summary
This discussion explores the implications of not claiming depreciation on assets in an ITR-3 for a partnership firm. While the value of assets decreases with use, the Income Tax Act, particularly Explanation 5 to Section 32(1), mandates depreciation as a deduction, regardless of whether it's claimed by the assessee. Failing to claim it could lead to discrepancies and potential issues with tax authorities.
You claim or not but the value of asset is reduce. bcoz, it's used the year and it's got depreciate itself (means asset got lesser life) So, The value will be decrease...
Depreciation, a Mandatory Deduction [Explanation 5 to Section 32(1)]
With effect from 1-4-2002, it has been explicitly declared that whether or not the assessee has claimed deduction in respect of depreciation (of eligible assets) while computing his total income, such deduction shall be given mandatorily and compulsorily to that assessee. Therefore, depreciation is a mandatory deduction to be given effect to while computing total income and not an optional deduction.
Not claiming depreciation may lead to discrepancies in your tax filings, potentially raising red flags with tax authorities. Consistency in following the provisions of the Income Tax Act is essential to avoid legal issues.