22 April 2009
In case of a lease transaction, who has the right to capitalise the asset?,lessee or the lessor. In this regard, is there any contradiction b/w AS and income tax act. To be precise in IT we treat lessor as the legal owner of the asset though he donot capitalise it. Please give me an expert opinion.
25 April 2009
Tax Treatment - The lessor has the right to capitalse the assets in it’s books and gets the depreciation as per Income tax act. The lessees pays the lease rent and gets the deduction of entire amount of lease rent so paid. The difference between the IT and AS is that the IT does not differentiate between a finance lease and operating lease. See circular no 2/ 2001
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