1). Can Mobile Handset be capitalised? Can it be treated as assets?
2). If yes what is the rate of depreciation as per IT and Companies Act both SLM and WDV?
Please describe the provisions under companies Act regarding DEPRECIATION RATE on INTANGIBLE ASSETS . If possible , kindly give reference in support of your answer.
There is no rate specified in Sch-XIV of companies act 1956. But Normally companies charge depriciation on Software @ the same rate as companies charges on computes. ie. 16.21 in case of SLM and 40% in case of WDV method.
As per Income Tax Act, depreciation is to be provided @ 60%. And, depreciation on computer software is not specifically provided under Companies Act, thus in this regard AS-26 will prevail, which specifies amortisation to a period not exceeding 10 years.
Schedule XIII nowhere contains applicable rate for software, this is an intangible asset which should follow provisions of AS26, which allows intangible asset to amortize during its useful life generally not exceeding 10 years.
What we do in our practice in order to mitigate the deffered tax provisions we write it off in 4 years means @ 25% as per IT Act 1961.