Declaration ‑ Whether, for purposes of determining depreciation to be provided under the section read with section 350, it is immaterial as to whether depreciation in respect of any assets is actually admissible under the Income‑tax Act and rules made thereunder.
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Depreciation compliance: companies must provide statutory depreciation regardless of tax admissibility, or risk defective accounts and penalties. For determining depreciation to be provided for corporate distributable profits, companies must make the required depreciation provision irrespective of whether the Income tax Act admits a depreciation allowance; only the depreciation rates in the Income tax Rules are relevant, and omission to provide such depreciation will prevent accounts from presenting a true and fair view and may attract penalties on company officers.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Depreciation compliance: companies must provide statutory depreciation regardless of tax admissibility, or risk defective accounts and penalties.
For determining depreciation to be provided for corporate distributable profits, companies must make the required depreciation provision irrespective of whether the Income tax Act admits a depreciation allowance; only the depreciation rates in the Income tax Rules are relevant, and omission to provide such depreciation will prevent accounts from presenting a true and fair view and may attract penalties on company officers.
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