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What is depreciation?
Depreciation as per law of lexicon is defined as positive
decline in the real value of a tangible asset because of consumption, wear and
tear or obsolescence. The concept of depreciation is widely used for the
purpose of writing off the cost of an asset against profit over an extended
period (its depreciable life), irrespective of the real value of the asset.
Depreciation is charged against income or the profit and loss account, and
there are different methods of calculating it like straight line method or
written down value method. The Income-tax Act save and except for undertaking
engaged in generation and/or distribution of power the method of computing the
depreciation is WDV method.
Block of Asset
[Section 2(11)]
Prior to the 1986, the Income-tax Act required the
calculation of depreciation in respect of each capital asset separately. Due
to differences in depreciation rates depending on the date of purchase, the
type of asset, the intensity of use etc., computation of depreciation
allowance involved a detailed exercise on the part of the assessee and AO.
Moreover, the system of granting the terminal allowance or taxing the
balancing charge at the time an asset was sold, demolished, discarded, etc.,
necessitated the maintenance of records of depreciation already allowed in
respect of each asset.
The amendments sought to simplify the system to a great
extent by introducing the concept of "block of assets". Sec. 2(11)
defines the term block of assets as "a group of assets falling within a class
of assets, being building, machinery, plant & furniture, in respect of which
the same percentage of depreciation is prescribed."
Conditions for
claiming depreciation [section 32(1)]
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The assets
must be owned, wholly or partly, by the assessee.
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Co-owners are
entitled to claim depreciation to the extent of the value of the asset owned
by each co-owner.
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The asset should
be actually used for the purpose of business or profession of the assessee.
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Depreciation is
not allowable on the cost of land.
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Depreciation is
mandatory from AY 2002-03 and shall be allowed or deemed to have been allowed
irrespective of claim made in the profit & loss account or not.
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Where the asset
is not exclusively used for the purpose of business or profession, the
depreciation shall be allowed proportionately with regards to such usage of
assets (sec. 38).
Section 32(1) provides that depreciation is to be computed
at the prescribed percentage on the written down value of the asset which in
turn is calculated with reference to actual cost of the assets. In the context
of computing depreciation, it is important to understand the meaning of the
term WDV & Actual Cost
Written Down Value
[Section 43(6)]
WDV under the Income-tax Act, means
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where the asset
is acquired in the previous year the actual cost of asset shall be treated
as WDV
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where the asset
is acquired in earlier year WDV shall be equal to the actual cost incurred
less depreciation allowed under The Income Tax Act.
In case of Block of assets WDV is computed as under:
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Sr. No. |
Particulars |
Amount
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Amount |
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1
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In case of assets acquired prior to 31.03.1988
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a. The aggregate WDV of all assets falling within
the same block in the beginning of PY relating to AY commencing from
01.04.1988 |
XXX |
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b. Add : Assets acquired during the previous year
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XXX |
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c. Lees: Moneys payable (including the scrap value)
on assets sold, discarded or demolished or destroyed during the previous
year to the extent it does not exceed (a+b) |
(XXX) |
XXX |
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2
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In case of slum sale |
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a. Actual cost of assets falling in the same block
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XXX |
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b. Less : Depreciation actually allowed prior A.Y.s
1988-1989 |
(XXX) |
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c. Less : Depreciation allowable after 1.4.1988
However deduction under b & c shall not exceed the total WDV |
(XXX) |
XXX |
Note : In case of PY relevant to AY commencing on
01.04.1989 the WDV would be the amount of WDV of block of asset in immediately
preceding PY as reduced by depreciation actually allowed in respect of said
preceding PY and as adjusted by clauses b & c of 1 above.
Actual Cost [Section
43(1)]
Actual Cost as per Income Tax Act, means
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Sr. No. |
In case where |
Actual Cost would mean |
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1. |
Asset is acquired by
the assessee in previous year |
Actual cost of asset to the
assessee as reduced by cost met by any other person or authority (in the
form of subsidy or grant or reimbursement)
If such amount of subsidy or grant
or reimbursement is of such nature that it cannot be directly related to
asset acquired, then the cost of the asset would be reduced on
proportionate basis
In case of Motor car acquired
before 01.03.1975 but after 31.3.1967 and not used for run it on hire the
actual cost shall be restricted to Rs. 25000/-. |
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2. |
Asset acquired and used for
scientific research when ceases to be so used |
The amount of actual cost of asset
to the assessee less any deduction allowed u/s. 35(1)(iv) or similar
deductions allowed under the Income-tax Act,1922 |
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3. |
An asset is acquired
by way of gift or inheritance |
Actual cost to the previous owner
as reduced by
a. the depreciation actually
allowed under the Income-tax Act,1922 or this Act in respect of previous
years prior to 01.04.1988 and
b. the amount that would have been
allowed to the assessee for assessment year starting from 01.04.1988
(taking the asset as individual asset in the block) |
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4. |
The assets which were previously
used by any other person and in the opinion of AO they are acquired to
reduced the liability of Income Tax |
If the AO is satisfied that the
main purpose of transfer of assets is to reduce the tax liability the
actual cost shall be an amount as determined by the AO with prior approval
of JCIT. |
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5. |
An asset once belonging to the
assessee and was used by him for the purpose of his business or profession
and thereafter it ceased to be his property which is reacquired by him
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Actual cost when he first acquired
it, as reduced by the depreciation actually allowed in respect of previous
year prior to 01.04.1988 and the amount that would have been allowed to
the assessee for assessment year starting from 01.04.1988 (taking the
asset as individual asset in the block)
OR
The actual price for which the
asset is reacquired WHICHEVER IS LESS |
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6. |
Where the assessee acquires the
assets which were previously used at any time by any other person for the
purpose of his business or profession & depreciation was allowed to such
other person and such other person acquires the same assets on lease, hire
or otherwise from the assessee
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The written down value of such
assets at the time of transfer by the other person to the assessee in his
books of account.
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7. |
A building previously the
property of the assessee is brought into use for the purpose of the
business or profession after 28.02.1946
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Actual cost of building to the
assessee as reduced by an amount equal to the depreciation calculated at
the rate in force on that date that would have been allowable had the
building been used for the business or profession since the date of its
acquisition by the assessee.
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8. |
Any asset is transferred by a
holding company to its subsidiary company or vice versa, and if conditions
of clause (iv) or (v) of sec 47 are satisfied |
The actual cost shall be the same
as if the transferor company continued to hold the asset. |
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9. |
In a scheme of amalgamation, asset
transferred by amalgamating company to amalgamated Indian company
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The actual cost shall be the same
as if the amalgamating company had continued to hold the asset for the
purpose of its own business. |
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10. |
In a scheme of demerger, asset
transferred by demerged company to resulting Indian company |
The actual cost shall be the same
as if the demerged company had continued to hold the asset for the purpose
of its own business. |
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11. |
Asset is acquired outside India by
a non-resident assessee and is brought into India for the use in business
or profession |
Actual cost to the assessee as
reduced by an amount equal to the depreciation calculated at the rate in
force that would have been allowable had the asset been used in India for
the business or profession since the date of its acquisition by the
assessee. |
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12. |
Any asset is acquired under a
scheme of Corporatisation of a recognized stock exchange in India,
approved by SEBI |
The amount which would have been
regarded as actual cost had there been no such Corporatisation |
Notes:
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Any amount paid
or payable as interest in connection with the acquisition of an asset and
the same is related to the period after the asset is first put to use shall
not be included in actual cost of the asset.
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The actual cost
for the assets acquired on or after 01.03.1994 shall be reduced by the
amount of duty of excise or additional duty leviable under Sec. 3 of The
Customs and tariff Act,1975 in respect of which a claim of credit has been
made and allowed under the Central Excise Rules,1944.
The term actual cost has not been defined under the Act and
hence this expression has to be construed in accordance with the generally
accepted principles of accounting. Accordingly, the actual cost of a
depreciable asset comprises its purchase price (including import duties and
other non-refundable taxes or levies) and any directly attributable cost of
bringing the asset to its working condition for its intended use. Actual cost
to the assessee would be what the assessee has in fact expended or laid out
for the purpose of acquiring the asset.
Depreciation allowed
[section 32(1)]
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For all
Assessee other than Power Sector - Depreciation is calculated on written
down value of "Block of Assets", except for Power Sector, at rates provided in
Appendix I read with Rule 5(1).
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For Power
Sector Assessee - Under Section 32(1)(i) in case of undertaking
engaged in generation or generation and distributors of power, the
depreciation will be allowed on actual cost (i.e., on straight line method) at
the rates provided in Appendix IA read with Rule 5(IA) in respect of assets
acquired on or after 1st April, 1997.
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Such
undertaking however has option to claim depreciation on Written Down Value
Method at the rates provided in New Appendix I.
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Such option is
to be exercised before the due date for furnishing the return of income u/s
139(1) for the year in which it begins to generate power. Once the option is
exercised it applies for all subsequent assessment years.
When such asset on which depreciation is allowed 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. Similarly, excess of insurance, salvage,
compensation or sale value, as the case may be, receivable in respect of
such asset over the written down value is chargeable to tax [Balancing
Charge] u/s. 41 (2) up to the amount of actual cost of the asset. Since
Section 50 does not apply to such assets, the provisions of capital gains in
respect of these assets shall apply as if it is a transfer of asset not
forming part of the block of assets.
However no such additional deduction will be allowed in
respect of machinery or plant
used by any other person in India or outside India
before its installation.
installed in any office premises or any residential
accommodation, including a guest house
Any office appliances or road transport vehicles
the whole of actual cost of which is allowed as
deduction in computing income chargeable under the head profit and gain of
business or profession of any one previous year.
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Where an asset
acquired during the previous year is put to use for the purpose of business
or profession for a period of less than 180 days in that previous year,
depreciation allowance shall be restricted to 50% of the amount calculated
at prescribed rates.
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In case of an
asset acquired under hire purchase agreement, 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, the
hirer is entitled to claim depreciation allowance.
For computing the depreciation allowance, the difference between the
aggregate amount of the periodical payments under the agreement and the
initial value (i.e., the amount for which the hired subject would have been
sold for cash at the date of agreement) would be spread evenly over the term
of the agreement. (Circular No. 9, dated 23-3-1943).
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Fans,
air-conditioners, refrigerators, etc., provided by the employer at the
residence of the employees, is considered to have been used wholly for the
purpose of the employers business and full depreciation in accordance with
the rules, is allowed in the assessment of the employer. (F. No.
10/14/66-IT(A-I), dated
12-12-1966)
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Where the
business or profession is carried on in a building not owned by assessee and
any capital expenditure is incurred for construction of any structure or for
renovation, improvement or extension of the building, then depreciation will
be allowed in respect of such capital expenditure at the rates prescribed
for "building".
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No depreciation
is allowable in respect of motor car manufactured outside India acquired
after 25th February, 1975 but before 1st April, 2001 unless it is used by
the assessee
In the business of running it on hire for tourists
In his business or profession outside India.
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In case of inadequate profit or loss any depreciation
which could not be fully allowed for want of profit, the amount which could
not be given full effect of shall be carried forward in the subsequent year
and shall form part of the depreciation of such subsequent previous year.
(This conditions is subjected to Sec. 72(2) & Sec. 73(3)).
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RATES OF DEPRECIATION |
(%) |
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(I) |
Buildings: |
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(a) Buildings which are used mainly for residential
purposes except hotels and Boarding House |
5 |
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(b) Buildings which
are not used mainly for residential purposes and other than mentioned in a
& c |
10 |
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(c) Buildings
acquired on or after 1-9-2002 for installing P & M forming part of water
supply project or water treatment system and put to use for the purpose of
providing infrastructure facilities u/s. 80- IA(4)(i) |
100 |
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(d) Purely temporary erections such as wooden
structures |
100 |
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Note
"Buildings" include roads, bridges, culverts,
wells and tube wells.
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-thirds per cent
of its total built-up floor area and shall include any such buildings in
the factory premises.
Water treatment system includes system for
desalination, demineralisation and purification
of water. |
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(II) |
Furniture and fittings including electrical
fittings |
10 |
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Electrical fittings include electrical wiring,
switches, sockets, other fitting and fans, etc |
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(III) |
Machinery and
plant: |
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Plant has been held
to include : |
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movable partitions |
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sanitary & pipeline fitting |
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ceiling and pedestal fans |
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wells |
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hospital |
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However, w.e.f. A.Y. 2004-05, it shall not include
buildings, furniture and fittings. |
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1) Machinery & plant other than those covered by
sub-items 2, 3 and 8 below |
15 |
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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. |
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2) Motor-cars (other than those used in business of
running them on hire) acquired or put to use on
or after 1st April, 1990 |
15
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3) (i)
Aeroplane-Aeroengines |
40 |
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(ii) Motor buses, Motor lorries and Motor used in a
business of running them on hire |
30 |
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(iii) Commercial vehicle acquired on or after
1-10-1998 but before 1-4-1999 and is put to use before 1-4-1999 for the
purposes of business or profession. |
40 |
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(iv) New commercial vehicle acquired on or after
1-10-1998 but before 1-4-1999 and is put to use before 1-4-1999 in
replacement of condemned vehicle of over 15 years of age for the purpose
of business or profession. |
60 |
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(v) New commercial
vehicle acquired on or after 1-4-1999 but before 1-4-2000 in replacement
of condemned vehicle of over 15 years of age and is put to use before
1-4-2000 for the purpose of business or profession. |
60 |
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(vi) New commercial vehicles acquired on or after
1-4-2001 but before 1-4-2002 and is put to use before 1-4-2002 for the
purpose of business or profession. |
50 |
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(vii) New Commercial vehicle acquired on or after
1-1-2009 but before 1-10-2009 and put to use before 1-10-2009 for the
purpose of business or profession |
50 |
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"Commercial vehicle" means heavy goods vehicle,
heavy passenger motor vehicle, light motor vehicle, medium goods vehicle,
medium passenger motor vehicle. |
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It does not include "maxi-cab", "motor-cab",
"tractor" and "road-roller". |
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(viii) Moulds used in
rubber and plastic goods factories |
30 |
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(ix) Air pollution control equipments |
100 |
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(x) Water pollution control equipments |
100 |
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(xi) Solid waste control equipments |
100 |
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(xii) P & M used in semi-conductor industry
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30 |
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(xiii) Life saving medical equipments |
40 |
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4) Containers made of glass or plastic used as
refills |
50 |
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5) Computers (including computer software)
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60 |
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"Computer Software" means any computer programme
recorded on any disc, tape, perforated media or other information storage
device. |
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6) Machinery and plants used in weaving, processing
and garment sector of textile industry purchased under TUFS on or after
1-4-2001 but before 1-4-2004 and is put to use before 1-4-2004
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50 |
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7) Machinery and plant, acquired and installed on
or after the 1-9-2002 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 80-ia(4)(i) |
100 |
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8) For other items of P & M refer to Rule 5 App. 1
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100/80/60 |
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9) (i) Books owned by assessees carrying on a
profession |
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Annual publications |
100 |
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Other books
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60 |
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(ii) Books owned by assessees carrying on business
in running lending libraries |
100 |
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(IV) |
Ships
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20 |
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"Speed boat" means a motor boat driven by a high
speed internal combustion engine capable of propelling the boat at a speed
exceeding 24 kilometres 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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(V) |
Intangible Assets
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25 |
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Know-how patents, copyrights, trademarks, licenves,
franchises or any other business or commercial rights of similar nature
acquired on or after 1-4-1998. |
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Note : For details under items listed above please
refer New Appendix I & 1A (power companies) to Rule 5
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