whether tax planning OR TAX AVOIDANCE???

Tax planning 674 views 1 replies

A businessman acquires a business asset as a gift (assume sec 56 doesnt gets attracted)from his relative(both are in the same line of business)

now as per explanation to sec 43(1) actual cost to acquirer(donee) would be wdv in the hands of previous owner

as per sec 43(6),wdv for the purpose of calculating dep is calculated as follows:

op wdv

add:actual cost of asset acquired during the year

less:moneys payable(sale proceeds/insurance compensation/scrap value)

cl wdv for claiming dep

now as  per the above section nothing will be deducted from donors books as donor doesnt receives moneys as mentioned above.so due to this it is possible both for donor(subject to block of gifted asset continues) and donee to claim dep on the same asset..

AM I RIGHT???/PLZZZZ OFFER YOUR VALUABLE COMMENTS ON THE SAME

Replies (1)

Yes, Logically WDV value of Asset transferred should be deducted but as Law is silent, this can be done.. So this is a loophole of law...

Other Opinion is also welcomed.. I may be wrong


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured 28 March 2026
CA Final

Ashok Amol & Associates

New Delhi

CA Final

View Details
Company
Featured 14 March 2026
Associate CA

N N V Satish&co

Hyderabad

CA

View Details
Company
Featured 14 March 2026
Article Trainee

N N V Satish&co

Hyderabad

CA Inter

View Details
Company
Featured 12 March 2026
Customer Relationship Executive

TAXLET

Calicut

B.Com

View Details
Company
Featured 13 April 2026
GST CONSULTANCY

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 19 March 2026
Article Assistant

Gupta Sachdeva & Co. Chartered Accountants

New Delhi

CA Final

View Details
Company
Featured 28 March 2026
Accountant

Ashok Amol & Associates

New Delhi

B.Com

View Details
Company
Featured 14 April 2026
GST CONSULTANT

Abhishek G Agrawal & Co.

Korba

CA Final

View Details