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Short/long term capital loss

Tax queries 828 views 1 replies

When asset on which depreciation is allowed u/s 32(1)(i) is sold discarded or demolished in a previous year, and if the insurance, salvage, compensation or sale value, as the case may be, receivable in respect of such asset falls short of the written down value, such difference would be allowed as deduction [Terminal Depreciation] u/s. 32(1)(iii). The condition for allowing such deduction is that such deficiency is actually written off in the books of account.

 

My Query is that what would be the treatment of Short/Long Term Capital Loss in case we are claiming Terminal Depreciation in our books?

Replies (1)

Sec 50 begins with 

"Notwithstanding anything contained in clause (42A) of section 2, where the capital asset is an asset forming part of a block of assets in respect of which depreciation has been allowed under this Act or under the Indian Income-tax Act, 1922 (11 of 1922), the provisions of sections 48 and 49 shall be subject to the following modifications...............................

 

Now, Sec 32(1)(i) applies to ..............

 

" in the case of assets of an undertaking engaged in generation or generation and distribution of power, such percentage on the actual cost thereof to the assessee as may be prescribed ""

 

Sec 32(1)(ii) applies to 

"in the case of any block of assets, such percentage on the written down value thereof as may be prescribed"

 

After combined reading of all the above mentioned section, it can be said that Sec 50 is not applicable to fixed assets used in POwer Sector and it is applicable to only BLOCK OF ASSET

In other words , benefit of both Terminal Depreciation and Short Term Capital Loss is not applicable to assets depreciable under Sec 32(1)(i).

 

 


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