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Rates of depreciation
(for income-tax)
AS APPLICABLE FROM THE ASSESSMENT YEAR 2003-04 ONWARDS
A. Specialised boilers and furnaces:
B. Instrumentation and monitoring system for monitoring energy flows:
C. Waste heat recovery equipment:
D. Co-generation systems:
Burners:
G. Other equipment:
Notes -
a. Jeeps are classifiable as motor cars — Crompton Engg. Co. (Madras) Ltd. v. CIT [1992] 193 ITR 483 (Mad.)/CAIT v. Good Hope Enterprises [1992] 197 ITR 236 (Ker.).
b. Trucks primarily used for assessee’s own business and occasionally let out on hire will not fall under this entry unless assessee carries on a business of running them on hire—CIT v. Manjeet Stone Co. [1991] 190 ITR 183 (Raj.); Vehicles plying between fixed points for carriage of passengers fall under this entry—ITO v. Sarojini Transports (P.) Ltd. [1986] 17 ITD 1014 (Mad.); Mobile crane mounted on a lorry falls under this entry—Gujco Carriers v. CIT [2002] 122 Taxman 206 (Guj.); Rigs and Compressors mounted on a lorry do not fall under this item—CIT v. Popular Borewell Service [1992] 194 ITR 12 (Mad.); Motor vans are akin to motor lorries or motor buses—Circular No. 609, dated 29-7-1991/CIT v. Kodak Ltd. [1990] 181 ITR 275 (Bom.); Ambulance van falls under this entry—CIT v. Dr. K.R. Jayachandran [1995] 212 ITR 637 (Ker.); Air-conditioned vehicles fall under this entry—CIT v. Urmila Goel [1986] 52 CTR (Delhi) 276.
c. 40 per cent if conditions of rule 5(2) are satisfied.
d. Company manufacturing insulated wires and cables is not covered under this entry—CIT v. Falcon Wires (P.) Ltd. [1980] 123 ITR 427 (Mad.).
e. Machinery used for dyeing, bleaching and printing of cloth manufactured by some other person will not fall under this item—CIT v. Jaypee Dyeing House [1999] 239 ITR 418 (Bom.).
† Applicable from the assessment year 2004-05.
f. Mere fact that assessee sold some cylinders during the previous year will not convert the cylinders into stock-in-trade. The cylinders must be capable of containing gas, and there is no requirement that the cylinders must be filled with gas—Chawla Architects & Consultants (P.) Ltd. v. Asstt. CIT [1995] 54 ITD 330 (Bom.).
g. Petroleum company distributing gas for cooking purpose is a ‘mineral oil concern’—CIT v. Burmah Shell Oil Storage & Distribution Co. of India Ltd. [1978] 115 ITR 891 (Cal.); Vegetable oil is not a ‘mineral oil’—CIT v. Distillers Trading Corporation Ltd. [1982] 137 ITR 894 (Delhi).
Other Notes:
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.
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.
Water treatment system includes system for desalination, demineralisation and purification of water.
“Electrical fittings” include electrical wiring, switches, sockets, other fittings and fans, etc.
“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).
“Computer software” means any computer programme recorded on any disc, tape, perforated media or other information storage device.
“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.
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.
“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.
Where an asset is put to use for less than 180 days in a previous year in which it is purchased, depreciation thereon shall be allowed at 50% of the depreciation allowable in respect of the block of asset comprising such asset.
Plant has been held to include:
13. Depreciation on assets acquired on hire purchase basis should be allowed to the hirer where the terms of the agreement provide that the equipment shall eventually become the property of the hirer or confer on the hirer an option to purchase the equipment [Circular No. 9 (R. Dis. No. 27(4) – IT/43), dated 23-3-1943].
14. Depreciation in respect of motor car manufactured outside India acquired on or after 28-2-1975 or before 1-4-2001 shall be allowed.
15. The claim of depreciation is mandatory w.e.f. A. Y. 2002-03 overriding Supreme Court’s decision in CIT vs. Mahendra Mills 109 Taxman 225 which held that the depreciation claim is optional.
Depreciation is allowable even on jointly owned assets.
Additional Depreciation @ 20% of actual cost of new machinery or plant (other than ships and aircrafts) acquired and installed after 31st March, 2005 by an assessee engaged in the business of manufacture or production of an article or thing shall be allowed on satisfying certain conditions.
No amortisation benefits u/ss. 35A and 35AB can be claimed in respect of intangible assets.
In respect of depreciable assets employed in power projects, depreciation may be computed under the Straight Line Method on individual assets [Rule 5(1A)] — [Appendix IA]. Alternatively, the undertaking, may at its option, also claim depreciation at the normal rates (Rule 5(1) — Appendix I), subject to the option being exercised prior to the due date of filing the return of income. In the event of sale or disposal of such assets, if the sale consideration.
- is less than WDV of such assets– Balance (i.e., WDV – sale consideration) can be claimed as depreciation, provided that such a deficiency is written off in the books.
- is in excess of the WDV — Excess (to the extent of the difference between actual cost and WDV will be taxable as Business profit and the balance as Capital Gains)
Depreciation rates for power generating units
(applicable from the assessment year 1998-99
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