21 September 2009
Following are the conditions to claim depn.
CONDITIONS:
(A) The assessee must be the owner of the asset.
(B) It must be used during the previous year for business.
(C) Allowed on tangible and intangible assets
Hence if asset is not used no depn is to be claimed and there is no liab or penalty for not claiming depn under IT act,the prov is that if assessee wants to claim depn its to be claimed as per the prov of IT act. Further if in the following years assets are being used, depn can be claimed for that year. No matter in the pr. yr. depn was not claimed coz it was not used.