There is no way . for not showing/Claiming Depreciation it is mandatory (Presumed by Law) .. hence it is not the discretion of the Assessee to claim U/S 32.

There is no way . for not showing/Claiming Depreciation it is mandatory (Presumed by Law) .. hence it is not the discretion of the Assessee to claim U/S 32.

If you go through Section 32 carefully, you can see that it has been amended to provide for depreciation whether or not it is claimed by the assessee.  Probably from Assessment Year 2002-03 onwards.

thanks to both of you but frnds , if i 'll do all that i have say earlier then ,. wat are the implications???

if we see practically, then in case in what i am talking about, by not showing depriciation, he is paying tax & if show then no tax liability at allll. &&& have you refer any case, where officer has  made a notice to give refund of tax???

share your views..

I COMPLETELY AGREE WITH SURESH AND MEMBER.

HOWEVER, SOMETIMES IN PRACTICAL, DURING THE ASSESSMENT, ASSESSING OFFICER WOULD NOT CHARGE DEPRECIATION IF U DOESN'T CHARGED THE DEPRECIATION WHILE COMPUTING TAXABLE INCOME.

BUT IN THE NEXT YEAR, WHEN U WANT TO CHARGE THE DEPRECATION, IT WILL BE ALLOWED ON THE OPENING WDV AFTER DEDUCTING DEPRECIATION OF LAST YEAR EVEN IF U NOT CLAIMED LAST YEAR DEPRECIATION.

ASSESSING OFFICER WOULD NOT ALLOWED U TO GET THE DEPRECIATION BASED ON THE OPENING WDV OF LAST YEAR.

E.G 2008-2009, U FILED INCOME TAX RETURN WITHOUT CLAIMING DEPRE. OPENING AND CLOSING WDV (ASSUMING NO ADDITION) WOULD BE THE SAME SAY 100000. IN 2009-2010, U WANT TO CLAIM DEPR., THEN U WOULD NOT ALLOWED TO GET DEPRECIATION  ON 100000. U R ALLOWED DEPRECIATION ONLY ON THE RS.100000 LESS DEPRECIATION TO BE FOR 2008-2009 (EVEN IF DEPRECIATION NOT CLEIMED IN 2008-2009)

REGARDS,

MANOJ

No,it is not allowed......refer sec-32 carefully......also it is a frequent question asked by institute in income tax exam......if u will consider it in ur books the effect will be-while assessing your income for the next year,the Ao will pesume that the claim u/s 32 have been duly complied with........

THNKS TO ALL, REALLY IT HELPS.

no at all ,as per section 32 of income tax act it is mandatory to claim depreciation in case profit is not sufficient then u can carry forweard unabsorbed depreciation as per section 32(2)