As far as rate of companies act is concerned rate of Depreciation provided under Schedule XIV are the minimum rates, i.e. if a company thinks so it can use higher rate of Depreciation but it should be a reasonable rate and it should be justifiable ,
In your case difference in rate is not very much, and if there is justification available, that use of higher rate will show the true picture and it will depreciate the asset within the estimated useful life of the asset than use of higher rate is possible
As far as deprecation while calculating taxable income under Income tax is concerned we are to use the rates mentioned under Income Tax Rules and no other rates are allowed.
Also there was a guidance note issued by ICAI “Guidance Note on Accounting for Depreciation in Companies” you can also refer that guidance note.