Depreciation Rates as per Income Tax for FY 2019-20 (AY 2020-21): Depreciation is an allowance which is allowed as a deduction while computing the business income of an assessee. In the computation, the depreciation as per Income Tax Act, 1961 is allowed while the book depreciation is disallowed. This is because the Income Tax Act prescribes its own rate of depreciation. Chart of Depreciation as per Income Tax for AY 2020-21 is given at the end.
What is Depreciation as per Income Tax
Depreciation is an accounting term which is also recognized in the Income Tax Act. The term depreciation is defined as a reduction in the value of an asset over time, due in particular to wear and tear in respect of fixed assets.
When a business enterprise prepares its profit and loss account, it charges depreciation. Since depreciation is an estimated charge, the rate of depreciation is prescribed in the Companies Act and the Income Tax Act. Hence these two laws provide for rate of depreciation to be allowed as a charge against the profits of the enterprise.
In case of a company, the depreciation charge is as per Companies Act whereas in computing the income under the Income Tax Act the depreciation as per Income Tax Act is allowed. Normally, the depreciation as per Income Tax Act is higher than the Companies Act.
This article discusses the Depreciation as per Income Tax Act only.
What are the relevant provisions of the Income Tax Act related to Depreciation
The following provisions of the Income Tax Act, 1961 overall governs the allowance of ‘depreciation’ as per Income Tax:
(i) Section 2(11): which defines the ‘Block of assets’
(ii) Section 32: Which deals with depreciation allowance
(iii) Section 32(1)(iia): Which deals with additional depreciation is certain cases
(iv) Section 43(1): Defines the Actual Cost of an asset
(v) Section 43(6): Related to Computation of Written Down Value
(vi) Section 50: relates to the computation of deemed capital gains on transfer of depreciable assets
(vii) Rule 5 of Income Tax Rules, 1962 read with Appendix-1
How depreciation as per Income Tax is calculated
The Income Tax Act allows depreciation on the Written Down Value of the assets. The depreciation is computed on ‘Block of assets’ at the rates prescribed rates provided in Appendix-1 of the Income Tax Rules, 1962.
The Income Tax Act prescribes Written Down Value method of depreciation except for certain cases where depreciation can be claimed on the SLM (Straight Line Method).
Prior to 1998, depreciation as per Income Tax was allowed only on tangible assets viz., Building, Plant, Machinery, Furniture, etc. From FY 198-99, some intangible assets like goodwill, patents, copyright, etc. were included in the list of eligible assets for claiming depreciation allowance.
Depreciation as per Income Tax is based on ‘Block of Assets’ concept. The term ‘block of assets’ is defined in section 2(11) of the Act to mean “a group of assets falling within a class of assets comprising—
(a) tangible assets, being buildings, machinery, plant or furniture ;
(b) intangible assets, being know-how, patents, copyrights, trade-marks, licences, franchises or any other business or commercial rights of similar nature,
in respect of which the same percentage of depreciation is prescribed.”
Thus any individual asset which falls within a block loses its identity and after it is absorbed in the block, it forms a part of that block of assets to which it belongs. The individual asset becomes an inseparable part of the block.
After the amendment in section 32 w.e.f. 1st April 1988, an individual asset loses its identity and for allowing depreciation the entire block has to be considered. Further, there is no requirement that each and every item in the said block should actually be used so as to entitle the assessee to claim depreciation thereupon. So the block becomes a single unit on which depreciation is claimed under the Income Tax Act.
Decided cases:
1. India Medtronic (P.) Ltd. v. DCIT (ITA No.7555/Mum/2012) ITAT Mumbai Bench decided on 04.05.2018
2. Gulati Saree Centre vs ACIT ( 240 ITR 94) ITAT Chandigarh decided on 09.08.1999
3. M/s Swati Synthetics Ltd vs ITO (ITA No. 1165/M/2006) ITAT Mumbai Bench decided on 07.12.2009
4. Natco Exports vs DCIT (2003) 86 ITD 445 ITAT Hyderabad
5. CIT Vs. Bharat Aluminium Co. Ltd. (ITA Nos. 532, 1484, 1486, 1487, 1592, 1593, 1670 and 1671 of 2006) Delhi High Court decided on 15.10.2009
6. ACIT Vs M/s Krystal Colloids Pvt. Ltd. (ITA No. 3170/MUM/2016) ITAT Mumbai Bench decided on 31.07.2008
7. Ashok Pan Products (P) Ltd. vs ACIT (ITA No. 137/Lkw/11) ITAT Lucknow
For computing the depreciation, the first step is to determine the actual cost of the capital asset. It comprises the purchase price of the asset, any direct expenses attributable to the acquisition of the asset, etc. as per accounting principles. Any subsidy or other monetary benefits received from the government etc. is reduced from the purchase cost to determine the ‘actual cost’ of the asset.
According to section 43(1), “actual cost” means the actual cost of the assets to the assessee, reduced by that portion of the cost thereof, if any, as has been met directly or indirectly by any other person or authority.
Important points to be kept in mind for Actual Cost
1. Interest paid or payable on money borrowed for acquiring a capital asset shall be required to be added to the actual cost till the asset is put to use. After the asset is put to use, such interest can be claimed as revenue expenditure. [Section 36(1)(iii)]
2. When an asset is purchased on instalment, the interest payable on the instalments after the asset is put to use cannot be included in the actual cost of the asset. [CIT vs Anang Polyfil Pvt. Ltd. (267 ITR 266) Gujarat High Court decided on 12.02.2004]
3. Any income earned on money deposited to open a letter of credit for the purchase of the machinery is incidental to the acquisition of assets and hence the same will reduce the actual cost of the asset. [CIT vs Karnal Co-Operative Sugar Mills Ltd. (2000) 243 ITR 2 (SC) decided on 23.04.1999]
No Depreciation as per Income Tax is allowed if an asset is acquired in Cash
The second proviso to section 43(1) provides that if the assessee incurs any expenditure for acquisition of any asset or part thereof in respect of which a payment or aggregate of payments made to a person in a day, by cash, exceeds Rs. 10,000, such expenditure shall be ignored for the purposes of determination of actual cost.
In other words, if any asset is acquired and the same is paid in cash of more than Rs. 10,000 in a day then such cost will not form the actual cost of the asset and hence depreciation cannot be claimed on the part of the asset which is paid in cash.
For example, if the price of an asset is Rs. 1,00,000 and if the assessee has paid Rs. 80,000 by cheque and Rs. 20,000 in cash then depreciation will be allowed on Rs. 80,000 only under the Income Tax Act.
In this respect, it is important to note that payment up to Rs. 10,000 in a single day is allowed. Hence in the given example, the assessee can pay Rs. 10,000 per day for 10 days and is eligible to claim depreciation as per Income Tax on the actual cost of Rs. 1,00,000.
Meaning of Written Down Value (WDV)
According to section 32(1)(ii), depreciation shall be allowed in the case of any block of assets, at the prescribed rate of depreciation on the written down value thereof.
According to section 43(6), "written down value" means—
(a) in the case of assets acquired in the previous year, the actual cost to the assessee;
(b) in the case of assets acquired before the previous year, the actual cost to the assessee less all depreciation actually allowed to him under the Income Tax Act, 1961.
Where any asset from any block of assets is sold or discarded or demolished or destroyed during a previous year, then any amount of money payable including scrap value shall be reduced from the block of assets.
If the sales consideration so received or receivable is less than the block of assets then the resultant figure shall be the written down value of that block of assets for the purpose of charging current year depreciation. [Section 43(6)(c)(B)]
If the sum so received or receivable exceeds the block of assets, then the surplus results in gain which is chargeable to tax as short term capital gain under section 50.
The term ‘money payable’, as per the Explanation below section 41(4), includes-
(a) any insurance, salvage or compensation moneys payable in respect thereof;
(b) where the building, machinery, plant or furniture is sold, the price for which it is sold.
The term "sold" includes a transfer by way of exchange.
To sum up, the following table illustrates the computation of the Written Down Value of a block of assets-
Particulars
|
Amount
(in Rs.)
|
(a)Opening
WDV as on 01.04.20xx
|
xxxx
|
(b)
Add: Additions during the Year
At
Actual Cost of the asset
|
xxxx
|
(c)
Gross Block [(a)+(b)]
|
xxxx
|
(d)
Less: Money Payable including scrap value on assets sold or transferred
during the year
|
(-)xxxx
|
(e)
Net Block or Written Down Value (WDV) as on 31.03.20xx [(c)-(d)]
|
xxxx
|
If
(e) results in negative, then WDV shall become Nil and the resultant surplus
is chargeable as “Short Term Capital Gains” u/s 50
|
What are the conditions to be satisfied for claiming depreciation under Income Tax Act
The following conditions must be satisfied to claim depreciation under the Income Tax-
1. The asset must be owned by the assessee. The asset may be owned wholly or partially.
If the assessee is not the owner of the asset, he is not entitled for the depreciation. [Golcha Properties (Pvt.) Ltd. vs. CIT (1994) 209 ITR 80 (Raj. HC)]
It is not important to have the legal title to claim the ownership of the asset. If money is paid and the asset is used by the assessee in his business, then only because the asset or property is not registered in the name of the assessee does not deprive him from depreciation claim. [Mysore Minerals v. CIT (1999) 239 ITR 775 (SC)]
2. The asset must be used for the purpose of business or profession of the assessee.
3. The asset must be put to use for the purpose of business or profession of the assessee.
One important point to note here is that if the asset is put to use for less than 180 days during the previous year, then depreciation claim shall be restricted to 50 per cent of the normal depreciation. Full depreciation as per the prescribed rate is allowed if the asset is put to use for 180 days or more during the previous year. This restriction applies for the first year of acquisition and not in the subsequent years.
4. The depreciation is allowed only for the following specified tangible and intangible assets-
(i) buildings, machinery, plant or furniture, being tangible assets;
(ii) know-how, patents, copyrights, trademarks, licences, franchises or any other business or commercial rights of similar nature, being intangible assets acquired on or after the 1st day of April, 1998.
Provisions regarding Carry forward and set off of unabsorbed depreciation
According to section 32(2), Where, in the assessment of the assessee, full effect cannot be given to any allowance under sub-section (1) in any previous year, owing to there being no profits or gains chargeable for that previous year, or owing to the profits or gains chargeable being less than the allowance, then, subject to the provisions of sub-section (2) of section 72 and sub-section (3) of section 73, the allowance or the part of the allowance to which effect has not been given, as the case may be, shall be added to the amount of the allowance for depreciation for the following previous year and deemed to be part of that allowance, or if there is no such allowance for that previous year, be deemed to be the allowance for that previous year, and so on for the succeeding previous years.
If in any previous year there is no profit or profits are not sufficient to give full effect of current year depreciation, then the depreciation which cannot be set-off against current year’s profit (unabsorbed depreciation) is carried forward to the following year and is added to the depreciation allowance for the next year. Hence, the unabsorbed depreciation of preceding year becomes the depreciation allowance of the current year.
In respect of carry forward and set-off of unabsorbed depreciation, the following provisions are noteworthy-
1. Unabsorbed depreciation can be carried forward for an indefinite period. There is no limit on the number of years for which it can be carried forward and set-off.
2. Brought forward Unabsorbed depreciation can be set-off with any heads of income except Income from Salaries.
3. The order of set-off is given below-
(1) Current Year Depreciation
(2) Brought-forward business loss
(3) Unabsorbed Depreciation
What are the prescribed Rates of Depreciation as Per Income Tax Act,1961 for FY 2019-20 (AY 2020-21)
Rule 5 of Income Tax Rules, 1962 read with Appendix-1
Rates of depreciation for Income Tax
as applicable for the assessment year 2020-21
Block of assets
|
Depreciation
allowance as a percentage of written down value
|
PART
A
|
|
TANGIBLE
ASSETS
|
|
I. BUILDING [See Notes
1 to 4 below the Table]
|
|
(1)
Buildings which are used mainly for residential purposes except hotels and
boarding houses
|
5
|
(2) Buildings
other than those used mainly for residential purposes and not covered by
sub-items (1) above and (3) below
|
10
|
(3) Buildings
acquired on or after the 1st day of September, 2002 for installing machinery
and plant forming part of water supply project or water treatment system and
which is put to use for the purpose of business of providing infra- structure
facilities under clause (i) of sub-section (4) of section
80-IA
|
40
|
(4) Purely
temporary erections such as wooden structures
|
40
|
II. FURNITURE AND
FITTINGS
|
|
Furniture and
fittings including electrical fittings [See Note 5 below the
Table]
|
10
|
III. MACHINERY AND PLANT
|
|
(1)
Machinery and plant other than those covered by sub-items (2), (3) and (8)
below : [See Note 5A below the Table]
|
15
|
(2)
(i) Motor cars, other than those used in a business of running them on hire,
acquired or put to use on or after the 1st day of April, 1990 except those
covered under entry (ii);
|
15
|
(ii)
Motor cars, other than those used in a business of running them on hire,
acquired on or after the 23rd day of August, 2019 but before the 1st day of
April, 2020 and is put to use before the 1st day of April, 2020.
|
30
|
(3) (i)
Aeroplanes - Aeroengines
|
40
|
(ii)
(a) Motor buses, motor lorries and motor taxis used in a business of running
them on hire other than those covered under entry (b).
|
30
|
(b) Motor
buses, motor lorries and motor taxis used in a business of running them on hire,
acquired on or after the 23rd day of August, 2019 but before the 1st day of
April, 2020 and is put to use before the 1st day of April, 2020.
|
45
|
(iii) Commercial
vehicle which is acquired by the assessee on or after the 1st day of October,
1998, but before the 1st day of April, 1999 and is put to use for any period
before the 1st day of April, 1999 for the purposes of business or profession
in accordance with the third proviso to clause (ii) of sub-section (1)
of section 32 [See Note
6 below the Table]
|
40
|
(iv) New
commercial vehicle which is acquired on or after the 1st day of October,
1998, but before the 1st day of April, 1999 in replacement of condemned
vehicle of over 15 years of age and is put to use for any period before the
1st day of April, 1999 for the purposes of business or profession in
accordance with the third proviso to clause (ii) of sub-section (1)
of section 32 [See Note
6 below the Table]
|
40
|
(v) New
commercial vehicle which is acquired on or after the 1st day of April, 1999
but before the 1st day of April, 2000 in replacement of condemned vehicle of
over 15 years of age and is put to use before the 1st day of April, 2000 for
the purposes of business or profession in accordance with the second proviso
to clause (ii) of sub-section (1) of section 32 [See Note
6 below the Table]
|
40
|
(vi) New
commercial vehicle which is acquired on or after the 1st day of April, 2001
but before the 1st day of April, 2002 and is put to use before the 1st day of
April, 2002 for the purposes of business or profession [See Note
6 below the Table]
|
40
|
(via) New
commercial vehicle which is acquired on or after the 1st day of January, 2009
but before the 1st day of October, 2009 and is put to use before the 1st day
of October, 2009 for the purposes of business or profession [See paragraph
6 of the Notes below this Table]
|
40
|
(vii)
Moulds used in rubber and plastic goods factories
|
30
|
(viii) Air
pollution control equipment, being—
|
40
|
(a) Electrostatic
precipitation systems
|
|
(b) Felt-filter
systems
|
|
(c) Dust
collector systems
|
|
(d) Scrubber-counter
current/venturi/packed bed/cyclonic scrubbers
|
|
(e) Ash
handling system and evacuation system
|
|
(ix) Water
pollution control equipment, being—
|
40
|
(a) Mechanical
screen systems
|
|
(b) Aerated
detritus chambers (including air compressor)
|
|
(c) Mechanically
skimmed oil and grease removal systems
|
|
(d) Chemical
feed systems and flash mixing equipment
|
|
(e) Mechanical
flocculators and mechanical reactors
|
|
(f) Diffused
air/mechanically aerated activated sludge systems
|
|
(g) Aerated
lagoon systems
|
|
(h) Biofilters
|
|
(i) Methane-recovery
anaerobic digester systems
|
|
(j) Air
floatation systems
|
|
(k) Air/steam
stripping systems
|
|
(l) Urea
Hydrolysis systems
|
|
(m) Marine
outfall systems
|
|
(n) Centrifuge
for dewatering sludge
|
|
(o) Rotating
biological contractor or bio-disc
|
|
(p) Ion
exchange resin column
|
|
(q) Activated
carbon column
|
|
(x) (a)
Solidwaste control equipments being - caustic/lime/chrome/mineral/cryolite
recovery systems
|
40
|
(b) Solidwaste
recycling and resource recovery systems
|
|
(xi) Machinery
and plant, used in semi-conductor industry covering all integrated circuits
(ICs) (excluding hybrid integrated circuits) ranging from small scale
integration (SSI) to large scale integration/very large scale integration
(LSI/VLSI) as also discrete semi-conductor devices such as diodes,
transistors, thyristors, triacs, etc., other than those covered by entries (viii),
(ix) and (x) of this sub-item and sub-item (8) below
|
30
|
(xia) Life
saving medical equipment, being—
|
40
|
(a) D.C.
Defibrillators for internal use and pace makers
|
|
(b) Haemodialysors
|
|
(c) Heart
lung machine
|
|
(d) Cobalt
Therapy Unit
|
|
(e) Colour
Doppler
|
|
(f) SPECT
Gamma Camera
|
|
(g) Vascular
Angiography System including Digital subtraction Angiography
|
|
(h) Ventilator
used with anaesthesia apparatus
|
|
(i) Magnetic
Resonance Imaging System
|
|
(j) Surgical
Laser [See Note 5B]
|
|
(k) Ventilators
other than those used with anaesthesia
|
|
(l) Gamma
knife
|
|
(m) Bone
Marrow Transplant Equipment including silastic long standing intravenous
catheters for chemotherapy
|
|
(n) Fibreoptic
endoscopes including Paediatric resectoscope/audit resectoscope,
Peritoneoscopes, Arthoscope, Microlaryngoscope, Fibreoptic Flexible Nasal
Pharyngo Bronchoscope, Fibreoptic Flexible Laryngo Bronchoscope, Video
Laryngo Bronchoscope and Video Oesophago Gastroscope, Stroboscope, Fibreoptic
Flexible Oesophago Gastroscope
|
|
(o) Laparoscope
(single incision)
|
|
(4) Containers
made of glass or plastic used as re-fills
|
40
|
(5) Computers
including computer software [See note 7 below the Table]
|
40
|
(6) Machinery
and plant, used in weaving, processing and garment sector of textile
industry, which is purchased under TUFS on or after the 1st day of April, 2001
but before the 1st day of April, 2004 and is put to use before the 1st day of
April, 2004 [See Note 8 below the Table]
|
40
|
(7) Machinery
and plant, acquired and installed on or after the 1st day of September, 2002
in a water supply project or a water treatment system and which is put to use
for the purpose of business of providing infrastructure facility under clause
(i) of sub-section (4) of section
80-IA [See Notes 4 and 9 below the Table]
|
40
|
(8) (i)
Wooden parts used in artificial silk manufacturing machinery
|
40
|
(ii) Cinematograph
films - bulbs of studio lights
|
40
|
(iii) Match
factories - Wooden match frames
|
40
|
(iv) Mines
and quarries :
|
|
(a) Tubs,
winding ropes, haulage ropes and sand stowing pipes
|
40
|
(b) Safety
lamps
|
|
(v) Salt
works - Salt pans, reservoirs and condensers, etc., made of earthy, sandy or
clayey material or any other similar material
|
40
|
(vi) Flour
mills - Rollers
|
40
|
(vii) Iron
and steel industry - Rolling mill rolls
|
40
|
(viii) Sugar
works - Rollers
|
40
|
(ix) Energy
saving devices, being—
|
|
A. Specialised
boilers and furnaces:
|
40
|
(a) Ignifluid/fluidized
bed boilers
|
|
(b) Flameless
furnaces and continuous pusher type furnaces
|
|
(c) Fluidized
bed type heat treatment furnaces
|
|
(d) High
efficiency boilers (thermal efficiency higher than 75 per cent in case of
coal fired and 80 per cent in case of oil/gas fired boilers)
|
|
B. Instrumentation
and monitoring system for monitoring energy flows:
|
40
|
(a) Automatic
electrical load monitoring systems
|
|
(b) Digital
heat loss meters
|
|
(c) Micro-processor
based control systems
|
|
(d) Infra-red
thermography
|
|
(e) Meters
for measuring heat losses, furnace oil flow, steam flow, electric energy and
power factor meters
|
|
(f) Maximum
demand indicator and clamp on power meters
|
|
(g) Exhaust
gases analyser
|
|
(h) Fuel
oil pump test bench
|
|
C. Waste heat
recovery equipment:
|
40
|
(a) Economisers
and feed water heaters
|
|
(b) Recuperators
and air pre-heaters
|
|
(c) Heat
pumps
|
|
(d) Thermal
energy wheel for high and low temperature waste heat recovery
|
|
D. Co-generation
systems:
|
40
|
(a) Back
pressure pass out, controlled extraction, extraction-cum-condensing
turbines for co-generation along with pressure boilers
|
|
(b) Vapour
absorption refrigeration systems
|
|
(c) Organic
rankine cycle power systems
|
|
(d) Low
inlet pressure small steam turbines
|
|
E. Electrical
equipment:
|
40
|
(a) Shunt
capacitors and synchronous condenser systems
|
|
(b) Automatic
power cut off devices (relays) mounted on individual motors
|
|
(c) Automatic
voltage controller
|
|
(d) Power
factor controller for AC motors
|
|
(e) Solid
state devices for controlling motor speeds
|
|
(f) Thermally
energy-efficient stenters (which require 800 or less kilocalories of heat to
evaporate one kilogram of water)
|
|
(g) Series
compensation equipment
|
|
(h) Flexible
AC Transmission (FACT) devices - Thyristor controlled series compensation
equipment
|
|
(i) Time
of Day (ToD) energy meters
|
|
(j) Equipment
to establish transmission highways for National Power Grid to facilitate
transfer of surplus power of one region to the deficient region
|
|
(k) Remote
terminal units/intelligent electronic devices, computer hardware/software,
router/bridges, other required equipment and associated communication systems
for supervisory control and data acquisition systems, energy management
systems and distribution management systems for power transmission systems
|
|
(l) Special
energy meters for Availability Based Tariff (ABT)
|
|
F. Burners:
|
40
|
(a) 0
to 10 per cent excess air burners
|
|
(b) Emulsion
burners
|
|
(c) Burners
using air with high pre-heat temperature (above 300°C)
|
|
G. Other
equipment:
|
40
|
(a) Wet
air oxidation equipment for recovery of chemicals and heat
|
|
(b) Mechanical
vapour recompressors
|
|
(c) Thin
film evaporators
|
|
(d) Automatic
micro-processor based load demand controllers
|
|
(e) Coal
based producer gas plants
|
|
(f) Fluid
drives and fluid couplings
|
|
(g) Turbo
charges/super-charges
|
|
(h) Sealed
radiation sources for radiation processing plants
|
|
(x) Gas
cylinders including valves and regulators
|
40
|
(xi) Glass
manufacturing concerns - Direct fire glass melting furnaces
|
40
|
(xii)
Mineral oil concerns:
|
|
(a) Plant
used in field operations (above ground) distribution - Returnable packages
|
40
|
(b) Plant
used in field operations (below ground), but not including kerbside pumps
including underground tanks and fittings used in field operations (distribution)
by mineral oil concerns
|
|
(c) Oil
wells not covered in clauses (a) and (b) (with effect from the assessment
year 2016-17)
|
15
|
(xiii) Renewal
energy devices being—
|
40
|
(a) Flat
plate solar collectors
|
|
(b) Concentrating
and pipe type solar collectors
|
|
(c) Solar
cookers
|
|
(d) Solar
water heaters and systems
|
|
(e) Air/gas/fluid
heating systems
|
|
(f) Solar
crop driers and systems
|
|
(g) Solar
refrigeration, cold storages and air-conditioning systems
|
|
(h) Solar
steels and desalination systems
|
|
(i) Solar
power generating systems
|
|
(j) Solar
pumps based on solar-thermal and solar-photovoltaic conversion
|
|
(k) Solar-photovoltaic
modules and panels for water pumping and other applications
|
|
(l) Windmills
and any specially designed devices which run on wind-mills installed on or
before March 31, 2012
|
|
(m) Any
special devices including electric generators and pumps running on wind
energy installed on or before March 31, 2012
|
|
(n) Biogas
plant and biogas engines
|
|
(o) Electrically
operated vehicles including battery powered or fuel-cell powered vehicles
|
|
(p) Agricultural
and municipal waste conversion devices producing energy
|
|
(q) Equipment
for utilising ocean waste and thermal energy
|
|
(r) Machinery
and plant used in the manufacture of any of the above sub-items
|
|
(9) (i)
Books owned by assessees carrying on a profession—
|
|
(a) Books,
being annual publications
|
40
|
(b) Books,
other than those covered by entry (a) above
|
40
|
(ii) Books
owned by assessees carrying on business in running lending libraries
|
40
|
IV. SHIPS
|
|
(1) Ocean-going
ships including dredgers, tugs, barges, survey launches and other similar
ships used mainly for dredging purposes and fishing vessels with wooden hull
|
20
|
(2) Vessels
ordinarily operating on inland waters, not covered by sub-item (3) below
|
20
|
(3) Vessels
ordinarily operating on inland waters being speed boats [See Note
10 below the Table]
|
20
|
PART
B
|
|
INTANGIBLE
ASSETS
|
|
Know-how,
patents, copyrights, trademarks, licences, franchises or any other business
or commercial rights of similar nature
|
25
|
Notes:
1. "Buildings" include roads, bridges, culverts, wells and tubewells.
2. A building shall be deemed to be a building used mainly for residential purposes, if the built-up floor area thereof used for residential purposes is not less than sixty-six and two-third per cent of its total built-up floor area and shall include any such building in the factory premises.
3. In respect of any structure or work by way of renovation or improvement in or in relation to a building referred to in Explanation 1 of clause (ii) of sub-section (1) of section 32, the percentage to be applied will be the percentage specified against sub-item (1) or (2) of item I as may be appropriate to the class of building in or in relation to which the renovation or improvement is effected. Where the structure is constructed or the work is done by way of extension of any such building, the percentage to be applied would be such percentage as would be appropriate, as if the structure or work constituted a separate building.
4. Water treatment system includes system for desalination, demineralisation and purification of water.
5. "Electrical fittings" include electrical wiring, switches, sockets, other fittings and fans, etc.
5A. Rate of depreciation shall be 40% if conditions of Rule 5(2) are satisfied.
5B. Applicable from the Assessment year 2004-05.
6. "Commercial vehicle" means "heavy goods vehicle", "heavy passenger motor vehicle", "light motor vehicle", "medium goods vehicle" and "medium passenger motor vehicle" but does not include "maxi-cab", "motor-cab", "tractor" and "road-roller". The expressions "heavy goods vehicle", "heavy passenger motor vehicle", "light motor vehicle", "medium goods vehicle", "medium passenger motor vehicle", "maxi-cab", "motor-cab", "tractor" and "road-roller" shall have the meanings respectively as assigned to them in section 2 of the Motor Vehicles Act, 1988 (59 of 1988).
7. "Computer software" means any computer programme recorded on any disc, tape, perforated media or other information storage device.
8. "TUFS" means Technology Upgradation Fund Scheme announced by the Government of India in the form of a Resolution of the Ministry of Textiles vide No. 28/1/99-CTI of 31-3-1999.
9. Machinery and plant includes pipes needed for delivery from the source of supply of raw water to the plant and from the plant to the storage facility.
10. "Speed boat" means a motor boat driven by a high speed internal combustion engine capable of propelling the boat at a speed exceeding 24 kilometers per hour in still water and so designed that when running at a speed, it will plane, i.e., its bow will rise from the water.
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3 Comments
Computer does not include computer software. And hence computer software is allowed as 100% revenue expenditure as per income tax act and computer will be depreciated @40%
ReplyDeleteNot all the times.
DeleteHi Sir/ Madam
ReplyDeleteThanks for providing information on Depreciation.
I would like to know about section 35AD, as per new tax rules ( if the company have opted for section 115 BAA, whether the WDV depreciation is applicable for a infrastructure company) or not?
"Claiming a deduction for the capital expenditure incurred by any specified business under section 35AD"
Claiming a deduction under 35AD, what does this exactly mean?