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Question ID : 40548

capital gain on depreciable asset

Assessee construct building on lease land in 2014, after 2014 assessee not claimed Depreciation on it till date, Now he sold the building, Whether he can treat building as Long Term Asset for the purpose of Capital Gain?

Posted by Ninad Prataprao Shete on Jan 21, 2020

Filed Under Capital Gains

Answer ID : 80361

If the building not forms part of 'Block of Assets', the assessee can treat the building as LT asset. Inference - corollary to CIT vs. Sakthi Metal Depot (2011) 333 ITR 492.

Posted by B.CHACKRAPANI WARRIER on Jan 24, 2020
Answer ID : 80362

On a Depreciable Asset only STCG can be calculated {Ref Section 50(1)}. Also Cost of Acquisition shall be calculated as per Sec 50A.

Posted by Ashish Kumar Goyal on Jan 24, 2020
Answer ID : 80379

It is LTCA....since depreciation has not been claimed.

Posted by SIVADAS CHETTOOR on Jan 29, 2020