Whether, in computing capital gains on sale of motor car to which proviso to section 43(1) applies for the purposes of depreciation allowance, actual cost has to be historic and true cost of acquisition or actual cost as artificially reduced
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Capital gains computation must use historic cost for motor cars despite depreciation cost limits, affecting gain or loss calculation. For capital gains on sale of a motor car, the historic and true cost of acquisition is to be taken, notwithstanding the proviso that limits 'actual cost' for depreciation purposes. The definition of 'actual cost' in the income provisions is confined to sections relating to business income and depreciation; it should not be extended to capital gains computation. Written down value and proportionate adjustments apply for depreciation and related business profit adjustments, but the full purchase cost governs capital gains calculation.
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.
Capital gains computation must use historic cost for motor cars despite depreciation cost limits, affecting gain or loss calculation.
For capital gains on sale of a motor car, the historic and true cost of acquisition is to be taken, notwithstanding the proviso that limits "actual cost" for depreciation purposes. The definition of "actual cost" in the income provisions is confined to sections relating to business income and depreciation; it should not be extended to capital gains computation. Written down value and proportionate adjustments apply for depreciation and related business profit adjustments, but the full purchase cost governs capital gains calculation.
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