CBDT amends Depreciation rules/reporting under new tax regime for companies, individuals etc.

CBDT amends Depreciation rules and reporting for domestic companies/individuals etc. under new tax regime

CBDT has issued Notification No. 82/2020 publishing Income-tax (22nd Amendment) Rules, 2020. Several amendments have been made to various Rules and Forms of the Income Tax Rules, 1962 namely;

(i) Rule 5 related to  Depreciation

(ii) New Rule 21AG related to Exercise of option under sub-section (5) of section 115BAC (Form No. 10-IE)

(iii) New Rule 21AH related to Exercise of option under sub-section (5) of section 115BAD (Form No. 10IF)

• CBDT can’t restrict power of CIT u/s 119(2)(b) to condone delay beyond six years – High Court
• ITAT allows benefit of the cash bought at the time of migration from Pakistan
• Ambiguous penalty notices cannot be foundation of imposition of any penalty – SC
• Assessment itself is not a process to penalise assessee for earning undisclosed income – High Court
• Actual use of asset is not the sole test for allowability of depreciation – ITAT

(iv) Amendment to Form 3CD related to Tax Audit u/s 44AB

(v) Amendment to Form No 3CEB  – Particulars regarding International Transactions u/s 92E

(vi) Amendment to Form ITR-6 for Companies other than companies claiming exemption under section 11 relating to assessment year 2020-21

Mainly the amendments have been made to restrict the maximum depreciation percentage allowable on a block of asset in respect of domestic companies/ individuals / Cooperative society who have exercised option u/s  115BAA, Section 115BAB,  Section 115BAC and Section 115BAD.

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