HI DEAR,
AS FAR AS INCOME TAX IS CONCERNED, U HAVE TO CHARGE DEPRECIATION IRRESPECTIVE OF WHETHER THE DIVIDEND DECLARED OR NOT. SEC 32 PROVIDES FOR THAT.
HOWEVER, AS PER COMPANIES ACT, THERE IS NO SPECIFIC PROVISION THAT PROVIDES FOR COMPLUSORY CHARGING OF DEPRECIATION. HOWEVER, IMPLIED MEANING OF THE COMPANIES ACT, 1956 WOULD PROVIDE THAT FINANCIAL STATEMENTS WOULD NOT REFLECT THE TRUES AND FAIR VIEW OF STATE OF AFFAIRS AND OPERATING RESULTS OF THE COMAPNY, IF THE CHARGE FOR DEPRECIATION HAS NOT BEEN GIVEN. COMPANIES ACT MAKES IT MANDATORY TO PROVIDE FOR DEPRECIATION BEFORE DECLARING DIVIDEND. THUS, IF COMPANIES DOESN'T DECLARE DIVIDEND, COMPANIES ACT DOESN'T PROVIDE FOR CHARGING OR NON CHARGING OF DEPRECIATION.
REGARDS,
MANOJ