Share on Facebook. Share on Twitter. Share on LinkedIn. Share on Email. Share More. Block No. Kapil Arora Expert Follow. The usage of the software has to be taken into account and if you have any doubt about usage you can ask the vendor of software to give a paragraph on thier own. Then based upon that you have to decide and tomorrow you can give the same data to assessing officer also if the amount involved is huge.
Message likes : 3 times. The Special Bench laid down the general guidelines and held that the issue has to be decided for each software based on the tests enunciated by it. The said expenditure was claimed to be incurred by the assessee company for acquiring the following software for use in its business : - 1.
Macromedia Dream weaver and Flash : Rs. Turbo Gold Software : Rs. Wim tap call billing software Rs. Windows : Rs. Win XP Software : Rs. The Assessing Officer held that the said software were part of the plant and machinery of the assessee and gave enduring benefit to it.
The Assessing officer also noted that all the application software purchased by the assessee had long-lasting use of more than three-four years and the same, according to him, thus resulted into enduring benefit to it. The action of the Assessing Officer in treating the software expenditure as that of capital nature was upheld by the CIT A since he found on verification of the relevant details that the assessee has not upgraded or replaced the software frequently.
The Division Bench noted that there were divergent orders of different benches on the issue. Since the issue was expected to occur regularly in many cases, it was felt by the Division Bench that the same may be referred to the Special Bench for decision after taking into consideration all the aspects as well as other contentions that might be put forth by the parties.
Accordingly, this Special Bench has been constituted. Before the Special Bench could sit and hear the appeals filed in the case of Amway, a similar issue relating to allowability of software expenditure arose for consideration before the Division Bench of Tribunal i.
Having noted that a similar issue relating to allowability of software expenditure has already been referred to the Special Bench in the case of Amway, this case was also referred to the Special bench which was duly acceded to. The Special Bench exhaustively considered the issue referring to several landmark judgements from the Indian Supreme Court and other foreign courts.
The Bench took guidance from Lord Denning in Heather v. Consulting Group Ltd. In many cases the answer is easy; but in others it is difficult. The difficulty arises because of the nature of the question. It assumes that all expenditure can be put correctly into one category or the other: but this is simply not possible.
Some cases lie on the border between the two: and this border is not a line clearly marked out; it is a blurred and undefined area in which anyone can get lost. Different minds may come to different conclusions with equal propriety. It is like the border between day and night, or between red and orange. See Pub. To figure your depreciation deduction, you must determine the basis of your property. To determine basis, you need to know the cost or other basis of your property.
The basis of property you buy is its cost plus amounts you paid for items such as sales tax see Exception below , freight charges, and installation and testing fees. The cost includes the amount you pay in cash, debt obligations, other property, or services. You can elect to deduct state and local general sales taxes instead of state and local income taxes as an itemized deduction on Schedule A Form If you make that choice, you cannot include those sales taxes as part of your cost basis.
If you buy property and assume or buy subject to an existing mortgage or other debt on the property, your basis includes the amount you pay for the property plus the amount of the assumed debt.
The basis of real property also includes certain fees and charges you pay in addition to the purchase price. These are generally shown on your settlement statement and include the following. Amounts the seller owes that you agree to pay, such as back taxes or interest, recording or mortgage fees, charges for improvements or repairs, and sales commissions.
For fees and charges you cannot include in the basis of property, see Real Property in Pub. If you construct, build, or otherwise produce property for use in your business, you may have to use the uniform capitalization rules to determine the basis of your property. For information about the uniform capitalization rules, see Pub. Other basis usually refers to basis that is determined by the way you received the property.
For example, your basis is other than cost if you acquired the property in exchange for other property, as payment for services you performed, as a gift, or as an inheritance. If you acquired property in this or some other way, see Pub. If you held property for personal use and later use it in your business or income-producing activity, your depreciable basis is the lesser of the following. The fair market value FMV of the property on the date of the change in use.
Increased by the cost of any permanent improvements or additions and other costs that must be added to basis. Decreased by any deductions you claimed for casualty and theft losses and other items that reduced your basis. Land is not depreciable, so she includes only the cost of the house when figuring the basis for depreciation. Generally, if you receive property in a nontaxable exchange, the basis of the property you receive is the same as the adjusted basis of the property you gave up.
Special rules apply in determining the basis and figuring the MACRS depreciation deduction and special depreciation allowance for property acquired in a like-kind exchange or involuntary conversion. There are also special rules for determining the basis of MACRS property involved in a like-kind exchange or involuntary conversion when the property is contained in a general asset account.
To find your property's basis for depreciation, you may have to make certain adjustments increases and decreases to the basis of the property for events occurring between the time you acquired the property and the time you placed it in service. These events could include the following. If you depreciate your property under MACRS, you may also have to reduce your basis by certain deductions and credits with respect to the property.
For more information, see What Is the Basis for Depreciation? You must reduce the basis of property by the depreciation allowed or allowable, whichever is greater.
Depreciation allowed is depreciation you actually deducted from which you received a tax benefit. Depreciation allowable is depreciation you are entitled to deduct.
If you do not claim depreciation you are entitled to deduct, you must still reduce the basis of the property by the full amount of depreciation allowable. If you deduct more depreciation than you should, you must reduce your basis by any amount deducted from which you received a tax benefit the depreciation allowed. If you improve depreciable property, you must treat the improvement as separate depreciable property.
Improvement means an addition to or partial replacement of property that is a betterment to the property, restores the property, or adapts it to a new or different use. See section 1. You generally deduct the cost of repairing business property in the same way as any other business expense. However, if the cost is for a betterment to the property, to restore the property, or to adapt the property to a new or different use, you must treat it as an improvement and depreciate it.
You repair a small section on one corner of the roof of a rental house. You deduct the cost of the repair as a rental expense. However, if you completely replace the roof, the new roof is an improvement because it is a restoration of the building. You depreciate the cost of the new roof. You can depreciate permanent improvements you make to business property you rent from someone else. Use Form to figure your deduction for depreciation and amortization. Attach Form to your tax return for the current tax year if you are claiming any of the following items.
A section deduction for the current year or a section carryover from a prior year. See chapter 2 for information on the section deduction. Depreciation on any vehicle or other listed property, regardless of when it was placed in service. See chapter 5 for information on listed property. A deduction for any vehicle if the deduction is reported on a form other than Schedule C Form Depreciation or amortization on any asset on a corporate income tax return other than Form S, U.
Income Tax Return for an S Corporation regardless of when it was placed in service. You must submit a separate Form for each business or activity on your return for which a Form is required. Table presents an overview of the purpose of the various parts of Form Do not use Form if you are an employee and you deduct job-related vehicle expenses using either actual expenses including depreciation or the standard mileage rate.
Instead, use Form If you deducted an incorrect amount of depreciation in any year, you may be able to make a correction by filing an amended return for that year. See Filing an Amended Return next. If you are not allowed to make the correction on an amended return, you may be able to change your accounting method to claim the correct amount of depreciation. See Changing Your Accounting Method , later.
You can file an amended return to correct the amount of depreciation claimed for any property in any of the following situations. You have not adopted a method of accounting for property placed in service by you in tax years ending after December 29, You claimed the incorrect amount on property placed in service by you in tax years ending before December 30, Generally, you adopt a method of accounting for depreciation by using a permissible method of determining depreciation when you file your first tax return, or by using the same impermissible method of determining depreciation in two or more consecutively filed tax returns.
For an exception to the 2-year rule, see sections 6. If an amended return is allowed, you must file it by the later of the following. A return filed before an unextended due date is considered filed on that due date.
Generally, you must get IRS approval to change your method of accounting. You must generally file Form , Application for Change in Accounting Method, to request a change in your method of accounting for depreciation. A change from an impermissible method of determining depreciation for depreciable property if the impermissible method was used in two or more consecutively filed tax returns. A change from not claiming to claiming the special depreciation allowance if you did not make the election to not claim any special allowance.
Changes in depreciation that are not a change in method of accounting and may only be made on an amended return include the following. An adjustment in the useful life of a depreciable asset for which depreciation is determined under section Making a late depreciation election or revoking a timely valid depreciation election including the election not to deduct the special depreciation allowance.
If you elected not to claim any special depreciation allowance, a change from not claiming to claiming the special depreciation allowance is a revocation of the election and is not an accounting method change. Generally, you must get IRS approval to make a late depreciation election or revoke a depreciation election.
You must submit a request for a letter ruling to make a late election or revoke an election. See sections 4 and 5 of Revenue Procedure , I. If your change in method of accounting for depreciation is described in Revenue Procedure , on page of Internal Revenue Bulletin , you may be able to get approval from the IRS to make that change under the automatic change request procedures generally covered in Revenue Procedure on page of Internal Revenue Bulletin If you do not qualify to use the automatic procedures to get approval, you must use the advance consent request procedures generally covered in Revenue Procedure Also, see the Instructions for Form for more information on getting approval, including lists of scope limitations and automatic accounting method changes.
For additional guidance and special procedures for changing your accounting method, automatic change procedures, amending your return, and filing Form , see Revenue Procedure on page of Internal Revenue Bulletin , available at IRS.
If you file Form and change from an impermissible method to a permissible method of accounting for depreciation, you can make a section a adjustment for any unclaimed or excess amount of allowable depreciation. The adjustment is the difference between the total depreciation actually deducted for the property and the total amount allowable prior to the year of change.
If no depreciation was deducted, the adjustment is the total depreciation allowable prior to the year of change. A negative section a adjustment results in a decrease in taxable income. It is taken into account in the year of change and is reported on your business tax returns as "other expenses.
It is generally taken into account over 4 tax years and is reported on your business tax returns as "other income.
Make the election by completing the appropriate line on Form If you file a Form and change from one permissible method to another permissible method, the section a adjustment is zero. You can elect to recover all or part of the cost of certain qualifying property, up to a limit, by deducting it in the year you place the property in service.
This is the section deduction. You can elect the section deduction instead of recovering the cost by taking depreciation deductions. Estates and trusts cannot elect the section deduction. This chapter explains what property does and does not qualify for the section deduction, what limits apply to the deduction including special rules for partnerships and corporations , and how to elect it.
It also explains when and how to recapture the deduction. To qualify for the section deduction, your property must meet all the following requirements. The following discussions provide information about these requirements and exceptions.
To qualify for the section deduction, your property must be one of the following types of depreciable property. An integral part of manufacturing, production, or extraction, or of furnishing transportation, communications, electricity, gas, water, or sewage disposal services;. A facility used in connection with any of the activities in a for the bulk storage of fungible commodities. Single-purpose agricultural livestock or horticultural structures.
See chapter 7 of Pub. Storage facilities except buildings and their structural components used in connection with distributing petroleum or any primary product of petroleum.
Tangible personal property is any tangible property that is not real property. It includes the following property. Property contained in or attached to a building other than structural components , such as refrigerators, grocery store counters, office equipment, printing presses, testing equipment, and signs.
Livestock, including horses, cattle, hogs, sheep, goats, and mink and other furbearing animals. Portable air conditioners or heaters placed in service by you in tax years beginning after Certain property used predominantly to furnish lodging or in connection with the furnishing of lodging except as provided in section 50 b 2. The treatment of property as tangible personal property for the section deduction is not controlled by its treatment under local law.
For example, property may not be tangible personal property for the deduction even if treated so under local law, and some property such as fixtures may be tangible personal property for the deduction even if treated as real property under local law. Off-the-shelf computer software is qualifying property for purposes of the section deduction.
This is computer software that is readily available for purchase by the general public, is subject to a nonexclusive license, and has not been substantially modified. It includes any program designed to cause a computer to perform a desired function. However, a database or similar item is not considered computer software unless it is in the public domain and is incidental to the operation of otherwise qualifying software.
You can elect to treat certain qualified real property you placed in service during the tax year as section property. If this election is made, the term "section property" will include any qualified real property that is:. Qualified improvement property as described in section e 6 of the Internal Revenue Code, and. Any of the following improvements to nonresidential real property placed in service after the date the nonresidential real property was first placed in service.
Generally, this is any improvement to an interior portion of a building that is nonresidential real property if the improvement is placed in service after the date the building was first placed in service. Also, qualified improvement property does not include the cost of any improvement attributable to the following:.
To qualify for the section deduction, your property must have been acquired for use in your trade or business. Property you acquire only for the production of income, such as investment property, rental property if renting property is not your trade or business , and property that produces royalties, does not qualify. Use the resulting business cost to figure your section deduction. To qualify for the section deduction, your property must have been acquired by purchase.
For example, property acquired by gift or inheritance does not qualify. It is acquired by one component member of a controlled group from another component member of the same group. In whole or in part by its adjusted basis in the hands of the person from whom it was acquired, or. Related persons are described under Related persons , earlier.
Ken Larch is a tailor. He bought two industrial sewing machines from his father. He placed both machines in service in the same year he bought them. They do not qualify as section property because Ken and his father are related persons. He cannot claim a section deduction for the cost of these machines. Land and land improvements do not qualify as section property.
Land improvements include swimming pools, paved parking areas, wharves, docks, bridges, and fences. Even if the requirements explained earlier under What Property Qualifies? Property used predominantly outside the United States, except property described in section g 4 of the Internal Revenue Code. Property used by certain tax-exempt organizations, except property used in connection with the production of income subject to the tax on unrelated trade or business income.
Property used by governmental units or foreign persons or entities, except property used under a lease with a term of less than 6 months. Generally, you cannot claim a section deduction based on the cost of property you lease to someone else. This rule does not apply to corporations.
However, you can claim a section deduction for the cost of the following property. Property you purchase and lease to others if both the following tests are met.
Your section deduction is generally the cost of the qualifying property. However, the total amount you can elect to deduct under section is subject to a dollar limit and a business income limit. These limits apply to each taxpayer, not to each business. However, see Married Individuals under Dollar Limits , later. For a passenger automobile, the total section deduction and depreciation deduction are limited.
If you deduct only part of the cost of qualifying property as a section deduction, you can generally depreciate the cost you do not deduct.
If you buy qualifying property with cash and a trade-in, its cost for purposes of the section deduction includes only the cash you paid. Only the portion of the new property's basis paid by cash qualifies for the section deduction.
The amount you can elect to deduct is not affected if you place qualifying property in service in a short tax year or if you place qualifying property in service for only a part of a month tax year. After you apply the dollar limit to determine a tentative deduction, you must apply the business income limit described later to determine your actual section deduction.
This is the maximum amount you can deduct. Your basis for depreciation is zero. Under certain circumstances, the general dollar limits on the section deduction may be reduced or increased or there may be additional dollar limits. The general dollar limit is affected by any of the following situations. An increased section deduction is available to enterprise zone businesses for qualified zone property placed in service during the tax year, in an empowerment zone.
For more information, including the definitions of "enterprise zone business" and "qualified zone property," see sections A, C, and D of the Internal Revenue Code. The cost of section property that is also qualified zone property placed in service in the tax year beginning before January 1, including such property placed in service by your spouse, even if you are filing a separate return.
The increased section expense deduction has been terminated for property placed in service in tax years beginning after December 31, This rule applies to any 4-wheeled vehicle primarily designed or used to carry passengers over public streets, roads, or highways that is rated at more than 6, pounds gross vehicle weight and not more than 14, pounds gross vehicle weight. Equipped with a cargo area either open or enclosed by a cap of at least 6 feet in interior length that is not readily accessible from the passenger compartment; or.
That has an integral enclosure fully enclosing the driver compartment and load carrying device, does not have seating rearward of the driver's seat, and has no body section protruding more than 30 inches ahead of the leading edge of the windshield. If you are married, how you figure your section deduction depends on whether you file jointly or separately. If you file a joint return, you and your spouse are treated as one taxpayer in determining any reduction to the dollar limit, regardless of which of you purchased the property or placed it in service.
You must allocate the dollar limit after any reduction between you equally, unless you both elect a different allocation. Jack Elm is married. He and his wife file separate returns.
This is because they must figure the limit as if they were one taxpayer. If you and your spouse elect to amend your separate returns by filing a joint return after the due date for filing your return, the dollar limit on the joint return is the lesser of the following amounts. The total cost of section property you and your spouse elected to expense on your separate returns.
After the due date of their returns, they file a joint return. This is the lesser of the following amounts. The total cost you can deduct each year after you apply the dollar limit is limited to the taxable income from the active conduct of any trade or business during the year. Generally, you are considered to actively conduct a trade or business if you meaningfully participate in the management or operations of the trade or business. Any cost not deductible in 1 year under section because of this limit can be carried to the next year.
Special rules apply to a deduction of qualified section real property that is placed in service by you in tax years beginning before and disallowed because of the business income limit. See Special rules for qualified section real property under Carryover of disallowed deduction , later.
In general, figure taxable income for this purpose by totaling the net income and losses from all trades and businesses you actively conducted during the year. Net income or loss from a trade or business includes the following items. In addition, figure taxable income without regard to any of the following. In addition to the business income limit for your section deduction, you may have a taxable income limit for some other deduction.
You may have to figure the limit for this other deduction taking into account the section deduction. If so, complete the following steps.
A corporation's limit on charitable contributions is figured after subtracting any section deduction. The business income limit for the section deduction is figured after subtracting any allowable charitable contributions.
XYZ figures its section deduction and its deduction for charitable contributions as follows. You can carry over for an unlimited number of years the cost of any qualified section real property that you placed in service in tax years beginning after , and that you elected to expense, but were unable to deduct because of the business income limitation.
This disallowed deduction amount is shown on line 13 of Form You use the amount you carry over to determine your section deduction in the next year. Enter that amount on line 10 of your Form for the next year. If you place more than one property in service in a year, you can select the properties for which all or a part of the costs will be carried forward. Your selections must be shown in your books and records. For this purpose, treat section costs allocated from a partnership or an S corporation as one item of section property.
If you do not make a selection, the total carryover will be allocated equally among the properties you elected to expense for the year. If costs from more than 1 year are carried forward to a subsequent year in which only part of the total carryover can be deducted, you must deduct the costs being carried forward from the earliest year first.
Special rules for qualified section real property. You can carry over to a deduction attributable to qualified section real property that you placed in service during the tax year and that you elected to expense but were unable to take because of the business income limitation.
See Carryover of disallowed deduction , earlier. Thus, the amount of any disallowed section expense deduction attributable to qualified section real property will be reported on line 13 of Form If there is a sale or other disposition of your property including a transfer at death before you can use the full amount of any outstanding carryover of your disallowed section deduction, neither you nor the new owner can deduct any of the unused amount.
Instead, you must add it back to the property's basis. The section deduction limits apply both to the partnership and to each partner. The partnership determines its section deduction subject to the limits.
It then allocates the deduction among its partners. For purposes of the business income limit, figure the partnership's taxable income by adding together the net income and losses from all trades or businesses actively conducted by the partnership during the year. See the Instructions for Form for information on how to figure partnership net income or loss. However, figure taxable income without regard to credits, tax-exempt income, the section deduction, and guaranteed payments under section c of the Internal Revenue Code.
For purposes of the business income limit, the taxable income of a partner engaged in the active conduct of one or more of a partnership's trades or businesses includes his or her allocable share of taxable income derived from the partnership's active conduct of any trade or business. He allocates the carryover amount to the cost of section property placed in service in his sole proprietorship, and notes that allocation in his books and records.
For purposes of the business income limit, if the partner's tax year and that of the partnership differ, the partner's share of the partnership's taxable income for a tax year is generally the partner's distributive share for the partnership tax year that ends with or within the partner's tax year. John and James Oak are equal partners in Oak Partnership. Oak Partnership uses a tax year ending January John and James both use a tax year ending December A partner must reduce the basis of his or her partnership interest by the total amount of section expenses allocated from the partnership even if the partner cannot currently deduct the total amount.
If the partner disposes of his or her partnership interest, the partner's basis for determining gain or loss is increased by any outstanding carryover of disallowed section expenses allocated from the partnership. The basis of a partnership's section property must be reduced by the section deduction elected by the partnership. This reduction of basis must be made even if a partner cannot deduct all or part of the section deduction allocated to that partner by the partnership because of the limits.
Generally, the rules that apply to a partnership and its partners also apply to an S corporation and its shareholders. The deduction limits apply to an S corporation and to each shareholder.
The S corporation allocates its deduction to the shareholders who then take their section deduction subject to the limits. To figure taxable income or loss from the active conduct by an S corporation of any trade or business, you total the net income and losses from all trades or businesses actively conducted by the S corporation during the year. To figure the net income or loss from a trade or business actively conducted by an S corporation, you take into account the items from that trade or business that are passed through to the shareholders and used in determining each shareholder's tax liability.
However, you do not take into account any credits, tax-exempt income, the section deduction, and deductions for compensation paid to shareholder-employees. For purposes of determining the total amount of S corporation items, treat deductions and losses as negative income.
In figuring the taxable income of an S corporation, disregard any limits on the amount of an S corporation item that must be taken into account when figuring a shareholder's taxable income. A corporation's taxable income from its active conduct of any trade or business is its taxable income figured with the following changes.
It is figured before deducting the section deduction, any net operating loss deduction, and special deductions as reported on the corporation's income tax return. It is adjusted for items of income or deduction included in the amount figured in 1 not derived from a trade or business actively conducted by the corporation during the tax year. You elect to take the section deduction by completing Part I of Form If you elect the deduction for listed property described in chapter 5 , complete Part V of Form before completing Part I.
An amended return for filed within the time prescribed by law. An election made on an amended return must specify the item of section property to which the election applies and the part of the cost of each such item to be taken into account.
The amended return must also include any resulting adjustments to taxable income. You must keep records that show the specific identification of each piece of qualifying section property. These records must show how you acquired the property, the person you acquired it from, and when you placed it in service. You can elect to expense certain qualified real property that you placed in service as section property for tax years beginning in For more information, see Election above.
An election or any specification made in the election to take a section deduction for can be revoked without IRS approval by filing an amended return.
The amended return must be filed within the time prescribed by law. Once made, the revocation is irrevocable. You also increase the basis of the property by the recapture amount.
Recovery periods for property are discussed under Which Recovery Period Applies? If you sell, exchange, or otherwise dispose of the property, do not figure the recapture amount under the rules explained in this discussion. Instead, use the rules for recapturing depreciation explained in chapter 3 of Pub.
For qualified real property, see Notice for determining the portion of the gain that is attributable to section property upon the sale or other disposition of qualified real property. You can find Notice at IRS. Instead, use the rules for recapturing excess depreciation in chapter 5 under What Is the Business-Use Requirement.
Figure the depreciation that would have been allowable on the section deduction you claimed. Begin with the year you placed the property in service and include the year of recapture. Subtract the depreciation figured in 1 from the section deduction you claimed.
The result is the amount you must recapture. The property is not listed property. The property is 3-year property. He used the property only for business in and He figures his recapture amount as follows. If any qualified zone property placed in service during a particular year ceases to be used in an empowerment zone by an enterprise zone business in a later year, the benefit of the increased section deduction must be reported as other income on your return.
You can take a special depreciation allowance to recover part of the cost of qualified property defined next placed in service during the tax year. The allowance applies only for the first year you place the property in service. The allowance is an additional deduction you can take after any section deduction and before you figure regular depreciation under MACRS for the year you place the property in service.
This chapter explains what is qualified property. It also includes rules regarding how to figure an allowance, how to elect not to claim an allowance, and when you must recapture an allowance. The following discussions provide information about the types of qualified property listed above for which you can take the special depreciation allowance. Qualified reuse and recycling property is any machinery or equipment not including buildings or real estate , along with any appurtenance, that is used exclusively to collect, distribute, or recycle qualified reuse and recyclable materials as defined in section m 3 B of the Internal Revenue Code.
Qualified reuse and recycling property also includes software necessary to operate such equipment. The property must meet the following requirements. You must have acquired the property by purchase as discussed under Property Acquired by Purchase in chapter 2 after August 31, , with no binding written contract for the acquisition in effect before September 1, The concept of depreciation is used for the purpose of writing off the cost of an asset over its useful life.
Depreciation is a mandatory deduction in the profit and loss statements of an entity and the Act allows deduction either in Straight-Line method or Written Down Value WDV method.
The calculation for depreciation under the WDV method is widely used except for undertaking engaged in generation or generation and distribution of power. The Act also allows a deduction for additional depreciation in the year of purchase in certain circumstances. Depreciation is calculated on the WDV of a Block of assets. Block of assets is a group of assets falling within a class of assets comprising of:. The block of assets is classified further depending on the similar use, life of the asset and nature of the asset.
As per Section 32 1 of the IT Act depreciation should be computed at the prescribed percentage on the WDV of the asset, which in turn is calculated with reference to the actual cost of the assets. The allowance for depreciation is calculated under the WDV method except for undertaking engaged in generation or generation and distribution of power. The depreciation rates are given in Appendix 1.
In the case of undertakings engaged in generation or generation and distribution of power, such undertaking has an option to claim depreciation on WDV method at the rates provided in New Appendix I — if such option is exercised before the due date of filing the return. In the case of amalgamation or demerger, the aggregate depreciation allowance shall be apportioned between the amalgamating and the amalgamated company, or the demerged and the resulting company. The aggregate depreciation would be computed as if the amalgamation or demerger had not taken place.
It shall be apportioned based on the number of days the assets were used by such companies. In case of a finance lease transaction, the lessee has to capitalise the assets in its books under AS — the Accounting standard on leases. In such cases, the lessee can exercise the rights of the owner in his own right and hence the allowance for depreciation is available to the lessee. Methods of Depreciation and useful life of depreciable assets may vary from asset to asset. Based on asset type and industry, it can differ for accounting and taxation purposes also.
One of the basic differences in income tax depreciation calculation and companies act depreciation other than rates of depreciation is the method of calculation. Temporary differences are the differences between the carrying amount of an asset or liability in the Balance sheet and its tax base. Tax Base is the amount attributed to the asset or liability for tax purpose. Illustration: An asset with a cost Rs.
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