Clause 33 vs. Section 32: A Comparative Analysis of Depreciation Provisions

Clause 33 Deduction for depreciation.

Income Tax Bill, 2025

Introduction

Clause 33 of the Income Tax Bill, 2025, introduces provisions for the deduction of depreciation on tangible and intangible assets owned and used for business or professional purposes. This clause is significant as it outlines the conditions and rates at which depreciation can be claimed, thereby affecting the taxable income of businesses and professionals. The clause aims to provide clarity and consistency in the treatment of depreciation, a crucial component of tax calculations for businesses.

Objective and Purpose

The primary objective of Clause 33 is to provide a structured approach to claiming depreciation on assets used in business or professional activities. The clause seeks to align the depreciation rules with modern business practices and asset usage, ensuring that businesses can accurately reflect the wear and tear on their assets in their financial statements. This provision also aims to incentivize investment in new machinery and technology by offering additional depreciation benefits.

Detailed Analysis

Sub-section (1): Tangible and Intangible Assets

Clause 33(1) allows for depreciation on both tangible assets (buildings, machinery, plant, furniture) and intangible assets (know-how, patents, copyrights, trademarks, licenses, franchises, and other similar rights, excluding goodwill). The assets must be owned wholly or partly by the assessee and used exclusively for business or professional purposes.

Sub-section (2): Power Generation Assets

For assets used in power generation or distribution, depreciation is calculated as a percentage of the actual cost to the assessee, as prescribed by regulations. This ensures that businesses in the energy sector can claim depreciation in line with their specific asset usage patterns.

Sub-section (3): Block of Assets

Depreciation for a block of assets is based on the written down value. If an asset is not used exclusively for business, the deduction is proportionate to its business use, as determined by the Assessing Officer. Additionally, if a deduction u/s 54 has been claimed, no further depreciation is allowed.

Sub-section (4): Assets Used for Less Than 180 Days

If an asset is acquired and used for less than 180 days in a tax year, the depreciation rate is halved. This provision prevents businesses from claiming full depreciation on assets that are not fully utilized within the tax year.

Sub-section (5): Succession, Amalgamation, and Demerger

Depreciation is apportioned on a pro rata basis between predecessor and successor entities in cases of succession, amalgamation, or demerger. This ensures a fair distribution of depreciation benefits based on actual asset usage.

Sub-section (6): Leasehold Improvements

Capital expenditure on leasehold improvements is treated as a building owned by the assessee, allowing for depreciation claims. This provision recognizes the investment made by businesses in enhancing leased properties.

Sub-section (7): Unclaimed Depreciation

Depreciation can be claimed even if not initially claimed in computing total income, ensuring that businesses are not penalized for oversight in their initial filings.

Sub-section (8) and (9): Additional Depreciation

Additional depreciation is allowed for new machinery or plant used in manufacturing or power generation. The additional rate is 20% of the actual cost, with adjustments for assets used less than 180 days. This incentivizes investment in new technology and infrastructure.

Sub-section (10): Disposal of Assets

A deduction is allowed for the difference between the written down value and the money payable, including scrap value, when an asset is disposed of. This provision ensures that businesses can account for losses on asset disposal.

Sub-section (11): Carry Forward of Unclaimed Depreciation

If profits are insufficient to absorb the full depreciation claim, the unclaimed amount is carried forward to the next tax year. This ensures that businesses can fully utilize depreciation benefits over time.

Sub-section (12): Definitions

This sub-section provides definitions for key terms such as "assets," "know-how," and "sold," ensuring clarity and consistency in interpretation.

Practical Implications

Clause 33 impacts businesses by providing a clear framework for claiming depreciation, affecting taxable income and financial planning. It encourages investment in new assets by offering additional depreciation benefits, particularly in manufacturing and power sectors. Compliance requirements include maintaining accurate records of asset acquisition, usage, and disposal.

Comparative Analysis with Section 32 of Income-tax Act, 1961

Overview

Section 32 of the Income-tax Act, 1961, also deals with depreciation on tangible and intangible assets. However, Clause 33 introduces several changes and clarifications that modernize the approach to depreciation.

Comparison of Key Provisions

- Tangible and Intangible Assets:

Both Clause 33 and Section 32 allow for depreciation on similar categories of assets. However, Clause 33 explicitly excludes goodwill from intangible assets, aligning with recent judicial interpretations.

- Power Generation Assets:

Clause 33(2) mirrors Section 32(1)(i) in prescribing depreciation for power generation assets, but with updated regulatory references.

- Block of Assets:

Clause 33(3) aligns with Section 32(1)(ii) but provides clearer guidance on partial business use and restrictions related to section 54.

- Assets Used for Less Than 180 Days:

Both provisions restrict depreciation to 50% for short-term asset use, but Clause 33(4) provides a more streamlined approach.

- Succession, Amalgamation, and Demerger:

Clause 33(5) and Section 32(1)(v) both address depreciation apportionment in corporate restructuring, with Clause 33 offering more detailed guidance.

- Leasehold Improvements:

Clause 33(6) and Section 32 Explanation 1 treat leasehold improvements similarly, recognizing them as depreciable assets.

- Unclaimed Depreciation:

Clause 33(7) and Section 32 Explanation 5 ensure depreciation can be claimed even if initially omitted, maintaining consistency in tax treatment.

- Additional Depreciation:

Clause 33(8) and (9) and Section 32(1)(iia) both provide for additional depreciation on new machinery, with Clause 33 offering a more comprehensive framework.

- Disposal of Assets:

Clause 33(10) and Section 32(1)(iii) both allow deductions for losses on asset disposal, with Clause 33 providing clearer conditions.

- Carry Forward of Unclaimed Depreciation:

Clause 33(11) and Section 32(2) both address the carry forward of unclaimed depreciation, ensuring businesses can fully utilize benefits over time.

Conclusion

Clause 33 of the Income Tax Bill, 2025, represents a significant update to the depreciation framework, aligning it with contemporary business practices and judicial interpretations. It provides clarity and consistency, encouraging investment in new assets while ensuring fair tax treatment for businesses. Future reforms may focus on further simplifying compliance requirements and expanding incentives for technological advancements.

 

 

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Full Text:

Clause 33 Deduction for depreciation.

 

Dated: 6-3-2025