Items used in business provided on rent - depreciation allowance

[DEVKUMAR KOTHARI]

Jewellery, silver utensils used in business of providing them on rent can be considered as 'plant' eligible for depreciaiton. In such business they are used as tool of the business with which such business of renting or hiring any article or thing is carred, thea are durable assets but have limited useful life, hence depreciable assets as per normal accounting standards and norms, they are subject to wear and tear, damages, require repair, renewal and replacement etc.Therefore, all tests including functional test is satisfied, accordingly the articles in nature of jewellery, silver utensils, are 'plant' within the normal definition of plant as well as u/s 43(3). these itesm are not excluded from the wider men\aning of 'plant'. Thus, if such items are used in business, they will be eligible for depreciation allowance. This can be an investmetn activity, if depreciaiton is allowed, return on investmetns will improved. However, once deprecaitioin is claimed ( on block bais) then in case of sale capital gains will have to be considered u/s 50 on the basis of block of assets and benefit of CII and long term capital gains will not be allowaable. Let brain storming be started by readers.

AI Summary

Jewelry and Silver Utensils in Rental Business Classified as 'Plant' for Depreciation; Affects Capital Gains Tax Calculation. Jewelry and silver utensils used in a rental business can be classified as 'plant' and are eligible for depreciation under income tax laws, as they are tools of the business subject to wear and tear. This classification allows for depreciation allowance, potentially improving investment returns. However, claiming depreciation affects capital gains tax upon sale, as gains are calculated based on the block of assets, excluding certain benefits. A respondent suggests further debate and a market survey to understand stakeholder preferences, proposing that treating these items as stock-in-trade might offer more flexibility.