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What is accelerated depreciation? ................................................................................... 3
What is this stipulation of 31st March and 1st Sep in the claiming of Accelerated
Depreciation benefit for a solar power generation plant? ................................................ 4
How do we claim the AD for a solar power generation plant? By regular tax returns or is
there any special form for claiming the Accelerated Depreciation for solar power
projects? .......................................................................................................................... 4
Can a group company of a tax paying company set up a solar plant and claim
depreciation? ................................................................................................................... 4
Can individuals set off depreciation benefit in a partnership firm? .................................. 5
What all constitute plant and machinery in a solar plant? ................................................ 5
At what stage of commissioning can one claim depreciation? ........................................ 5
Unit
Opening
100%
20%
4%
1%
Rs Lakh
150.00
30.00
6.00
1.20
80%
16%
3.20%
0.64%
Rs Lakh
120.00
24.00
4.80
0.96
20%
4%
0.80%
0.16%
Rs Lakh
30.00
6.00
1.20
0.24
Accelerated Depreciation
Rs Lakh
120.00
24.00
4.80
0.96
Tax Benefit
Rs Lakh
40.79
8.16
1.63
0.33
Rs Lakh
50.90
What is this stipulation of 31st March and 1st Sep in the claiming of
Accelerated Depreciation benefit for a solar power generation plant?
As per Section 32 of the Income Tax Act, 1961, if an asset is put to use for less than 6 months, only the
50 % of the prescribed rate of depreciation is allowed to be deducted from the profits of business in that
year. It means if the asset is put to use for more than 6 months, even for a single day more than 6
months, then 100 % of the prescribed rate of depreciation will be allowed to be deducted from the profits
of the business.
The following link (second proviso to section 32(1)(i)) clearly specifies that depreciation has to be
restricted to 50% of the prescribed percentage where an asset was used for a period of less than 180
days in a previous year:
http://law.incometaxindia.gov.in/dittaxmann/incometaxacts/2005itact/section32.htm
On the other hand, the following prescribes 80% as rate of depreciation for solar power projects:
http://law.incometaxindia.gov.in/DIT/File_opener.aspx?page=ITRU&schT=rul&csId=4a23cee1-181845d6-ab19-f155e08ed789&rNo=&sch=&title=Taxmann%20-%20Direct%20Tax%20Laws
How do we claim the AD for a solar power generation plant? By regular tax
returns or is there any special form for claiming the Accelerated Depreciation for
solar power projects?
The rate of depreciation allowed under the income tax for solar power generation units is 80 % and it is
an accelerated rate of depreciation. So the companies need to file the regular tax returns only, and there
is no special form prescribed for claiming the depreciation benefit.
Can a group company of a tax paying company set up a solar plant and claim
depreciation?
It is a case of set off of loss under the same head of income (section 70) of the Income Tax Act. There
are 5 heads of income under which income of assesse is being assessed under the income tax:
1.
2.
3.
4.
5.
This case falls in the category of income under profits and gains of business and profession.
And as per section 70 of the Act, set off of loss under the same head of income is allowed. This implies
that a group company, which is paying taxes on account of business or profession, can set off its losses
arising from solar activities under the head of business or profession.