Do You Need a CA to Register a Company in India?

Aug 17, 2025
Private Limited Company vs. Limited Liability Partnerships

Starting a company in India is an exciting journey, but it comes with a maze of legal and financial formalities. One common question entrepreneurs often ask is: Do I need a Chartered Accountant (CA) to register my company? The short answer is- not necessarily. However, understanding when and why to involve a CA can save you time, money, and compliance headaches down the road.

Let’s break down the role of a CA in company registration and explore whether you need one for your business setup.

Table of Contents

Is CA Required for Company Registration?

Technically, a chartered accountant is not mandatory to register a company in India. The Ministry of Corporate Affairs (MCA) provides an online portal that allows founders to complete the registration process on their own.

However, company registration involves more than just filing forms- it requires compliance with various legal and financial requirements. While you can handle these steps yourself, professional guidance from a CA can ensure accuracy and avoid costly mistakes.

Who is a CA (Chartered Accountant)?

A Chartered Accountant (CA) is a certified finance expert trained in areas such as accounting, taxation, auditing, and corporate laws. They help businesses navigate complex financial landscapes and comply with statutory norms.

Beyond technical know-how, CAs translate rules into business action. They design accounting systems and controls, prepare accurate financial statements, interpret tax laws (income tax, GST, transfer pricing and international tax issues), and conduct statutory and internal audits to reduce risk. They also support compliance tasks such as preparing ROC filings, tax returns, GST returns, and maintaining books in line with applicable standards.

For startups and MSMEs, they often act as a de facto finance team, building financial models for fundraising, advising on the optimal business structure, preparing due diligence packs for investors, or structuring transactions to be tax-efficient and legally sound.

Why Hire a CA While Setting Up a Company?

Hiring a CA during your company’s setup offers end-to-end support, including:

  • Selecting the right company type (Private Ltd, LLP, Sole Proprietorship, etc.) based on your goals and tax implications

  • Handling registrations like PAN, TAN, GST, and Certificate of Incorporation (COI)

  • Drafting key documents such as the Memorandum of Association (MOA) and Articles of Association (AOA)

  • Ensuring tax compliance right from the start

  • Setting up your accounting system tailored to your business

  • Preparing financial statements and projections that appeal to investors and lenders

In short, a CA simplifies the entire process and helps lay a solid foundation for your business growth.

The Legal Requirements for Company Registration

Under the Companies Act, 2013, company registration involves the following key legal steps:

  • Selecting your business structure

  • Obtaining a Digital Signature Certificate (DSC) for directors

  • Filing the SPICe+ (Simplified Proforma for Incorporating Company electronically Plus) form with the MCA

  • Preparing and submitting the Memorandum of Association (MOA) and Articles of Association (AOA)

  • Applying for Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN) for tax purposes

While none of these steps legally require a CA, professional guidance can help avoid errors, delays, or non-compliance issues that could cost you in penalties or missed opportunities.

Benefits of Hiring a CA for Company Registration

  • Expert handling of complex regulatory and tax matters
  • Reduced chances of filing errors and rejections
  • Better financial and tax planning from day one
  • Time savings and peace of mind

That said, if you decide not to hire a CA, you can always use online platforms that provide comprehensive company registration services, guiding you through each step seamlessly and at competitive prices.

When is a CA Essential for Company Registration?

While not mandatory, involving a CA becomes essential in specific situations such as:

  • Registering complex entities like Limited Liability Partnerships (LLPs) registration, sole proprietorship registration companies with foreign directors
  • Preparing detailed financial projections and business plans for funding
  • Ensuring strict tax and GST compliance, especially if your business deals with multiple states or international transactions
  • Handling annual compliances post-registration, including audits and tax filings

In such cases, a CA’s expertise is crucial to keep your business compliant and financially sound.

Can You Register a Company Without a CA?

Absolutely! Company registration is possible without a CA, especially through the MCA’s online portal designed for entrepreneurs to file their incorporation documents directly. The process has been simplified over the years, making it more accessible than ever.

However, registering without professional help means you need to be very thorough with legal and financial nuances. Using an online platform that manages the end-to-end registration process can be a smart alternative- these platforms often offer packages that include form filing, document drafting, and government liaison, all without the higher fees of a traditional CA.

Frequently Asked Questions (FAQs)

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Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


Limited Liability Partnership
(LLP)

1,499 + Govt. Fee
BEST SUITED FOR
  • Professional services 
  • Firms seeking any capital contribution from Partners
  • Firms sharing resources with limited liability 

One Person Company
(OPC)

1,499 + Govt. Fee
BEST SUITED FOR
  • Freelancers, Small-scale businesses
  • Businesses looking for minimal compliance
  • Businesses looking for single-ownership

Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


One Person Company
(OPC)

1,499 + Govt. Fee
BEST SUITED FOR
  • Freelancers, Small-scale businesses
  • Businesses looking for minimal compliance
  • Businesses looking for single-ownership

Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


Limited Liability Partnership
(LLP)

1,499 + Govt. Fee
BEST SUITED FOR
  • Professional services 
  • Firms seeking any capital contribution from Partners
  • Firms sharing resources with limited liability 

Frequently Asked Questions

Do freelancers need to register a company in India?

No, freelancers in India do not need to register a company to work legally. You can operate as an individual under your own name using your PAN card and file your income tax returns as a self-employed professional.

What does a CA do for a company?

A Chartered Accountant (CA) provides end-to-end financial and compliance services for a company, including:

  • Choosing the right business structure during setup
  • Company incorporation and registrations (PAN, TAN, GST, etc.)
  • Bookkeeping and accounting as per legal standards
  • Tax planning and filing (Income Tax, GST)
  • Statutory audits and financial reporting
  • Advising on cost control, cash flow, and budgets
  • Assisting in fundraising by preparing investor-ready financials
  • Ensuring compliance with corporate laws under the Companies Act, 2013

In short, a CA ensures that your business remains financially healthy, compliant, and investor-ready.

Which CA is highly paid?

The highest-paid Chartered Accountants in India are usually those who:

  • Work in big consulting firms (like the Big 4- Deloitte, PwC, EY, KPMG) in senior positions
  • Serve as Chief Financial Officers (CFOs) or Finance Heads in large corporations
  • Specialise in niche, high-demand areas such as:
    • International taxation
    • Mergers & acquisitions (M&A) advisory
    • Forensic auditing
    • Risk and compliance management for large banks and multinationals

Build a strong independent practice serving high-net-worth individuals, big corporations, or startups in funding and IPO stages

Mukesh Goyal

Mukesh Goyal is a startup enthusiast and problem-solver, currently leading the Rize Company Registration Charter at Razorpay, where he’s helping simplify the way early-stage founders start and scale their businesses. With a deep understanding of the regulatory and operational hurdles that startups face, Mukesh is at the forefront of building founder-first experiences within India’s growing startup ecosystem.

An alumnus of FMS Delhi, Mukesh cracked CAT 2016 with a perfect 100 percentile- a milestone that opened new doors and laid the foundation for a career rooted in impact, scale, and community.

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Related Posts

Shareholding Pattern: Meaning, Types & Why It Matters for Investors

Shareholding Pattern: Meaning, Types & Why It Matters for Investors

Understanding a company's ownership structure is crucial for investors to make informed decisions. While financial performance and competitive analysis are important, the shareholding pattern provides valuable insights into who controls the company and how much personal stake they have in its success.

In this article, we'll dive deep into what a shareholding pattern is, why it matters, and how to analyse it effectively.

Table of Contents

What is a Shareholding Pattern?

A shareholding pattern is essentially a report that outlines the proportion of a company's shares held by different categories of investors. Think of it like a cake that's divided into slices of varying sizes, with each slice representing a different type of shareholder. Just as the size of each slice tells you how much of the cake belongs to whom, a company's shareholding pattern reveals who owns how much of the company's equity.

This information is vital for investors because it helps them understand the level of control and influence different shareholders have over the company. For instance, if the promoters (founders and their associates) hold a significant portion of the shares, they are likely to have a greater say in the company's strategic decisions. On the other hand, a company with a diversified shareholding pattern, where no single entity holds a majority stake, may be less susceptible to the whims of a few powerful shareholders.

Starting your company? Get expert help with company registration and set up a clear, compliant shareholding structure from day one.

Analysis of Shareholding Pattern

When it comes to shareholding pattern analysis, there are a few key thumb rules that investors should keep in mind:

  1. Promoter Stake: Generally, a higher promoter stake is seen as a positive sign, as it indicates that the founders have skin in the game and are confident about the company's future prospects. However, if the promoter stake is too high (say, above 75%), it could be a red flag, as it allows them to make decisions that may not always be in the best interest of minority shareholders.
  2. Institutional Holding: A significant holding by institutional investors, such as mutual funds and foreign portfolio investors (FPIs), is often viewed favourably. These entities have the expertise and resources to thoroughly analyse a company before investing, so their presence acts as a vote of confidence.
  3. Public Shareholding: A higher public shareholding (retail investors and high net-worth individuals) is generally desirable, as it indicates broader participation and better liquidity in the stock.
  4. Changes Over Time: It's important to track changes in the shareholding pattern over time. For example, if promoters are consistently selling their shares or if institutional investors are steadily increasing their stake, it could signal a shift in the company's prospects or investor sentiment.

Real-life examples can help illustrate these points. Jeff Bezos gradually reduced his Amazon stake to fund ventures like Blue Origin and diversify wealth. Despite this, Amazon remains a market leader and investor favourite—showing that stake reduction isn't always a negative signal.

Who Owns Shares in a Company?

A company's shareholding is typically divided among four main categories of investors:

  1. Promoters: Promoters are the founders and controlling shareholders of the company. They are involved in the day-to-day management and decision-making processes. A high promoter stake often indicates their confidence in the company's future prospects.
  2. Public Investors: Public shareholders include individual retail investors who buy and sell shares through the stock market. While each individual investor may hold a small percentage, collectively, they can own a significant portion of the company.
  3. Institutional Investors: Institutional investors are professional investment firms such as mutual funds, insurance companies, foreign institutional investors (FIIs), and domestic institutional investors (DIIs). Their large holdings can influence the company's stock price and management decisions.
  4. Employees: Many companies offer employee stock ownership plans (ESOPs) as part of their compensation packages. Employees who own shares have a vested interest in the company's success.

Here's a simple example: Imagine Yum Yum Foods is a popular restaurant chain. The founders (promoters) own 50%, mutual funds own 20%, foreign investors own 10%, and the remaining 20% is with the public. This ownership pattern shows the promoters have significant control, institutions are confident, and there's enough public float for good liquidity.

Why Should You Care About the Shareholding Pattern?

As an investor, paying attention to a company's shareholding pattern is crucial for several reasons:

  1. Control: The shareholding pattern reveals who has control over the company's decision-making. If a single entity (like the promoters) holds a majority stake, they can significantly influence the company's direction.
  2. Investor Confidence: A diversified shareholding pattern with a significant institutional presence signals that the company is trustworthy and has a strong growth potential. On the flip side, if promoters or key investors are exiting the company, it could be a warning sign.
  3. Liquidity: Companies with a higher public shareholding tend to have better liquidity, making it easier for investors to buy and sell shares.
  4. Risk Assessment: By analysing the shareholding pattern, investors can identify potential red flags, such as a high promoter pledge (promoters using their shares as collateral for loans) or a low free float (shares available for trading).

Think of it like buying a used car. You'd want to know who the previous owners were, how long they held it, and why they sold it. The car's ownership history gives you clues about its quality and reliability. Similarly, a company's shareholding pattern and changes in it over time provide insights into its attractiveness as an investment.

By paying attention to the shareholding pattern, you can assess the level of risk and potential rewards associated with investing in a company.

Ways to Check the Shareholding Pattern of a Company

There are three main ways to check a company's shareholding pattern:

  1. Company website: Most companies have an 'Investor Relations' section on their website where they post shareholding pattern reports quarterly.

Steps to Check SHP on a Company’s Website:

1. Visit the official website of the company
2. Navigate to the Investor Relations or Investors section
3. Look for ‘Shareholding Pattern’, ‘Corporate Disclosures’, or ‘Regulatory Filings’
4. Open and download the report

  1. Stock exchange websites:
    Both NSE and BSE provide shareholding data for all listed companies.

For NSE:

Visit www.nseindia.com

Search for the company

Click the name → go to ‘Financials’ → ‘Shareholding Pattern’

For BSE:

Visit www.bseindia.com

Search by company name or code

On the left menu, click ‘Shareholding Pattern’

  1. MCA website: The Ministry of Corporate Affairs (MCA) maintains a database of all registered companies in India. For a small fee of ₹50, you can access a company's shareholding information and other financial filings.

Steps to Check Shareholding Pattern via MCA:

1. Visit www.mca.gov.in
2. Click on ‘MCA Services’ → ‘View Public Documents’
3. Search for the company by name or CIN (Corporate Identification Number)
4. Pay ₹50 per document (e.g., Form MGT-7 includes the shareholding pattern)
5. Download the document after payment.

Some experts favour high promoter and institutional holdings for long-term stability, while others prefer diversified ownership for better governance. Ultimately, SHP is one of several factors, alongside financials, growth, and management to consider when investing.

Conclusion

Understanding a company’s shareholding pattern helps investors gauge control, confidence, and risks. It offers insight into governance through promoter, institutional, and public holdings. While not the sole metric, it plays a vital role in evaluating a company’s outlook.

Smart investors always include SHP in their due diligence.

Frequently Asked Questions

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Register your Private Limited Company in just 1,499 + Govt. Fee

Register your business
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Register your One Person Company in just 1,499 + Govt. Fee

Register your business
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Register your Business starting at just 1,499 + Govt. Fee

Register your business
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Register your Limited Liability Partnership in just 1,499 + Govt. Fee

Register your business

Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


Limited Liability Partnership
(LLP)

1,499 + Govt. Fee
BEST SUITED FOR
  • Professional services 
  • Firms seeking any capital contribution from Partners
  • Firms sharing resources with limited liability 

One Person Company
(OPC)

1,499 + Govt. Fee
BEST SUITED FOR
  • Freelancers, Small-scale businesses
  • Businesses looking for minimal compliance
  • Businesses looking for single-ownership

Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


One Person Company
(OPC)

1,499 + Govt. Fee
BEST SUITED FOR
  • Freelancers, Small-scale businesses
  • Businesses looking for minimal compliance
  • Businesses looking for single-ownership

Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


Limited Liability Partnership
(LLP)

1,499 + Govt. Fee
BEST SUITED FOR
  • Professional services 
  • Firms seeking any capital contribution from Partners
  • Firms sharing resources with limited liability 

Frequently Asked Questions

What is the best shareholding pattern?

There's no one 'best' shareholding pattern. However, a good mix would be:

  1. Promoter holding between 30-60%
  2. Institutional holding between 10-30%
  3. Public holding between 20-40%
    This ensures promoters have skin in the game, institutions are confident, and there's adequate

What is the shareholder pattern of a company?

The shareholder pattern shows what percentage of a company's shares are held by promoters, institutions, public, and others. It's disclosed quarterly by listed companies.

Where can I find the shareholding pattern?

You can find a company's shareholding pattern on its website, stock exchange portals like NSE and BSE, and the MCA website.

How can I check a company's shareholding pattern?

To check a company's shareholding pattern:

  1. Go to the NSE or BSE website
  2. Search for the company by name
  3. Go to the 'Shareholding Pattern' tab and download the latest report
  4. Alternatively, check the company's website Investor Relations section

Why does it matter if promoters or big investors buy or sell shares?

Significant changes in promoter or institutional holdings can impact market sentiment and stock prices. Promoters buying more shares may signal their confidence in the company, while selling may indicate a loss of confidence or financial distress.

Nipun Jain

Nipun Jain is a seasoned startup leader with 13+ years of experience across zero-to-one journeys, leading enterprise sales, partnerships, and strategy at high-growth startups. He currently heads Razorpay Rize, where he's building India's most loved startup enablement program and launched Rize Incorporation to simplify company registration for founders.

Previously, he founded Natty Niños and scaled it before exiting in 2021, then led enterprise growth at Pickrr Technologies, contributing to its $200M acquisition by Shiprocket. A builder at heart, Nipun loves numbers, stories and simplifying complex processes.

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How to Set Up a Joint Venture in India: Process, Types & Legal Structure

How to Set Up a Joint Venture in India: Process, Types & Legal Structure

India is rapidly becoming a preferred destination for U.S. businesses looking to expand internationally. With its fast-growing economy, a population of over 1.4 billion, and a dynamic startup and manufacturing ecosystem, India presents vast opportunities for cross-border partnerships. For American companies aiming to enter this vibrant market, Joint Ventures (JVs) serve as a strategic and flexible route, offering the advantages of shared risk, local insight, and streamlined regulatory navigation.

In this guide, we’ll cover everything you need to know about setting up a joint venture in India from understanding the different types and structures of JVs to the registration process, legal documentation, compliance needs, and common challenges.

Table of Contents

Registration as a Joint Venture in India

Setting up a joint venture in India involves formal collaboration between two or more parties, combining resources, capital, and expertise to achieve a shared business objective. JVs can be formed in two primary structures:

  • Incorporated Joint Ventures (via a company or LLP)
  • Unincorporated/Contractual Joint Ventures

To register a joint venture in India, the following key legal steps must be followed:

  1. Choose the type of entity. It can be company (Private or Public), Limited Liability Partnership (LLP), or Contractual Agreement
  2. Draft a joint venture agreement, outlining roles, responsibilities, profit-sharing, management structure, and exit clauses
  3. Obtain regulatory approvals, including those under FDI norms, if applicable
  4. Register the entity with the Ministry of Corporate Affairs (MCA) or relevant authority

A joint venture enables both Indian and foreign parties to leverage each other’s market presence, networks, and operational strengths, making it a highly strategic mode of business entry.

Types of Joint Ventures in India

India allows for two major forms of joint ventures, based on the nature of the partnership:

1. Equity-Based Joint Ventures

These involve the creation of a new legal entity or partnership where both parties invest capital and own equity shares.
Ideal For:

  • Manufacturing collaborations
  • Retail expansion (e.g., Walmart-Flipkart)
  • Technology co-development

2. Contractual Joint Ventures

In this structure, parties enter into a legally binding agreement without forming a new entity.
Ideal For:

  • Project-based collaborations
  • Service agreements or licensing deals
  • Research and development partnerships

Joint Venture Registration in India in the Form of Corporate Entity

There are two ways to form a corporate JV in India:

1. Incorporating a New Company

A new company is registered with shared ownership among JV partners. This is the preferred method as it offers full flexibility in defining the shareholding, governance, and structure.

2. Collaborating with an Existing Company

Here, one party acquires equity in an existing Indian company, forming the JV. While faster, this option may involve challenges in aligning with the existing company's operations or culture.

Both forms require:

  • DIN and DSC for directors
  • Name approval from MCA
  • Filing incorporation forms (SPICe+)
  • Drafting MoA and AoA reflecting JV terms

Joint Venture Registration in India in the Form of Limited Liability Partnership

An LLP-based JV offers the benefits of limited liability with simpler compliance norms.

Two Methods:

  1. Incorporating a New LLP
    • Partners bring in capital and expertise
    • Requires LLP Agreement, DPINs, DSCs, and MCA registration

  2. Transferring Stake in an Existing LLP
    • One partner joins an existing LLP and receives a stake
    • Involves amending the LLP Agreement and notifying the ROC

LLPs are ideal for service-based sectors or small-scale collaborations where flexible operations and tax efficiency are priorities.

Joint Venture Registration in India in the Form of Contractual Agreement

In this setup, no new entity is created. Instead, parties sign a detailed JV agreement outlining:

  • Objectives and Scope
  • Capital Contribution or Resource Sharing
  • Governance and Management Roles
  • Duration of Partnership
  • Termination and Dispute Resolution Clauses

This model works well in infrastructure projects, technology licensing, or temporary business collaborations. Legal enforceability is key, and such agreements must be vetted thoroughly to avoid ambiguities.

Advantages of Joint Ventures

Joint ventures offer several strategic advantages for U.S. businesses entering India:

  • Market Access
  • Local Expertise
  • Shared Risk and Resources
  • FDI Compliance
  • Faster Market Entry

Do’s and Don’ts While Entering into a Joint Venture

Do’s

  • Conduct in-depth due diligence on potential partners
  • Align on strategic goals and exit options early on
  • Involve experienced legal and tax advisors
  • Keep open lines of communication and reporting
  • Clearly define IP ownership and dispute resolution processes

Don’ts

  • Don’t rush into agreements without thorough partner vetting
  • Don’t rely solely on verbal understandings- document everything
  • Don’t ignore cultural and operational differences
  • Don’t overlook local compliance, especially with FDI and tax laws
  • Don’t neglect exit planning, even in early discussions

Steps Involved in Registration of Joint Venture Agreement

  1. Identify and Evaluate JV Partner
  2. Conduct Feasibility Study and Risk Assessment
  3. Draft a Joint Venture Agreement (with roles, capital, IP, and exit terms)
  4. Choose Legal Structure (Company, LLP, or Contractual)
  5. Register Entity with MCA or execute agreement
  6. Obtain FDI and Regulatory Approvals if required
  7. Open Bank Accounts and Apply for PAN/GST
  8. Set Up Governance Mechanisms and Operational Controls

Documents Required to Register a Joint Venture Agreement

For U.S. businesses registering a JV in India, the following documents are typically required:

  • Joint Venture Agreement
  • Charter Documents (MoA and AoA or LLP Agreement)
  • ID and Address Proofs of foreign directors/partners
  • Board Resolutions from each party approving the JV
  • FDI Approval Letters (if under approval route)
  • Digital Signature Certificates (DSC) for filings
  • Director Identification Numbers (DIN) for Indian company directors
  • No Objection Certificates (NOCs) from existing stakeholders, if applicable
  • Registered Office Proof and rental/lease agreements in India

Challenges in Setting Up a Joint Venture in India

While JVs offer immense opportunities, foreign companies may face the following challenges:

  • Regulatory Complexity
  • Cultural Differences
  • Misaligned Goals
  • IP Protection Issues.
  • Exit Complications 

Frequently Asked Questions (FAQs)

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Register your Business at just 1,499 + Govt. Fee

Register your business
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Register your Private Limited Company in just 1,499 + Govt. Fee

Register your business
rize image

Register your One Person Company in just 1,499 + Govt. Fee

Register your business
rize image

Register your Business starting at just 1,499 + Govt. Fee

Register your business
rize image

Register your Limited Liability Partnership in just 1,499 + Govt. Fee

Register your business

Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


Limited Liability Partnership
(LLP)

1,499 + Govt. Fee
BEST SUITED FOR
  • Professional services 
  • Firms seeking any capital contribution from Partners
  • Firms sharing resources with limited liability 

One Person Company
(OPC)

1,499 + Govt. Fee
BEST SUITED FOR
  • Freelancers, Small-scale businesses
  • Businesses looking for minimal compliance
  • Businesses looking for single-ownership

Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


One Person Company
(OPC)

1,499 + Govt. Fee
BEST SUITED FOR
  • Freelancers, Small-scale businesses
  • Businesses looking for minimal compliance
  • Businesses looking for single-ownership

Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


Limited Liability Partnership
(LLP)

1,499 + Govt. Fee
BEST SUITED FOR
  • Professional services 
  • Firms seeking any capital contribution from Partners
  • Firms sharing resources with limited liability 

Frequently Asked Questions

How to Start a Joint Venture in India?

Starting a joint venture (JV) in India involves partnering with one or more entities, local or foreign, to pursue a common business goal while sharing resources, risks, and profits. 

  • Identify the Right Partner
  • Define the JV Structure
  • Draft a Joint Venture Agreement
  • Complete Legal and Regulatory Filings

What Is the Law for Joint Ventures in India?

India does not have a standalone law dedicated exclusively to joint ventures. Instead, JVs are governed by a combination of:

  • Indian Contract Act, 1872 
  • Companies Act, 2013 
  • Limited Liability Partnership Act, 2008 
  • Foreign Exchange Management Act (FEMA), 1999 
  • Sector-Specific Regulations

Does a Joint Venture Have to Be 50/50?

No, a joint venture does not have to be a 50/50 partnership. The ownership split in a JV is entirely flexible and should be based on capital contribution, risk-sharing agreement, interest and control.

JV equity can be structured in any proportion such as 60/40, 70/30, or even 90/10, depending on what both parties agree upon.

Mukesh Goyal

Mukesh Goyal is a startup enthusiast and problem-solver, currently leading the Rize Company Registration Charter at Razorpay, where he’s helping simplify the way early-stage founders start and scale their businesses. With a deep understanding of the regulatory and operational hurdles that startups face, Mukesh is at the forefront of building founder-first experiences within India’s growing startup ecosystem.

An alumnus of FMS Delhi, Mukesh cracked CAT 2016 with a perfect 100 percentile- a milestone that opened new doors and laid the foundation for a career rooted in impact, scale, and community.

Read more
Depreciation Rates under Companies & Income Tax Act

Depreciation Rates under Companies & Income Tax Act

Depreciation stands as a fundamental accounting concept that allocates an asset's cost over its useful life. It represents a non-cash expense reflecting the gradual value reduction of business assets due to wear and tear, technological obsolescence, or simply the passage of time.

When businesses invest in long-term assets, they don't expense the entire cost immediately. Instead, they distribute this expenditure across multiple accounting periods through depreciation. This approach aligns with the "matching principle" - a core accounting concept that ensures expenses appear in the same period as the revenue they help generate.

Table of Contents

What is Depreciation?

Depreciation is the systematic allocation of an asset's cost throughout its productive lifespan. It acknowledges that assets contribute to revenue generation over multiple periods and should be expensed accordingly. Without depreciation, businesses would show dramatic profit fluctuations - significant losses when purchasing assets followed by artificially inflated profits in subsequent years.

The Indian regulatory framework recognizes two distinct approaches to depreciation. The Companies Act 2013 employs a useful life methodology for financial reporting, while the Income Tax Act prescribes specific rates for tax calculation purposes.

From an accounting perspective, depreciation appears as an expense in the Profit & Loss Account, reducing reported profit. Simultaneously, accumulated depreciation diminishes the asset's book value on the Balance Sheet, reflecting its decreasing value over time.

Several factors influence depreciation calculations, including the asset's original cost, estimated useful life, and expected residual value. Different methods may be applied based on regulatory requirements and business preferences.

Understanding depreciation is critical for businesses as it significantly impacts financial statements, tax liabilities, and strategic decision-making. The varying approaches between the Companies Act 2013 and Income Tax Act create temporary differences that require reconciliation during tax calculations.

The Purpose of Depreciation

Depreciation goes beyond tracking asset wear and tear, it aligns asset costs with the revenue they help generate, ensuring accurate financial reporting through the matching principle.

Without it, businesses would expense the full asset cost upfront, causing erratic profit figures, losses during purchase years and inflated gains afterward.

Key purposes of depreciation:

  • Cost Allocation: Spreads asset cost over its useful life
  • Profit Measurement: Matches expenses with related income
  • Tax Efficiency: Enables tax deductions under the Income Tax Act
  • Asset Replacement: Aids in planning for future replacements
  • Financial Stability: Smooths profit reporting over time

In India, depreciation is a non-cash expense. Companies Act rates differ from Income Tax Act rates, leading to temporary timing differences reconciled through deferred tax accounting. Both systems aim to fairly allocate asset costs over time.

Importance of Depreciation

Depreciation serves as a cornerstone of sound financial management, with implications reaching far beyond routine accounting entries. The strategic implementation of depreciation practices significantly impacts business operations across multiple dimensions.

Why is depreciation so critical for businesses?

Financial statements without proper depreciation would present a severely distorted view of company performance. Consider purchasing a ₹50 lakh manufacturing machine—expensing this entire amount immediately would dramatically reduce that period's profit. Subsequently, future periods would show artificially inflated profits as the machine generates revenue without corresponding expenses. This creates misleading financial trends that can confuse investors and stakeholders about the company's true financial health.

The depreciation methodology varies substantially between regulatory frameworks. A company typically uses straight-line depreciation following Schedule II of the Companies Act for financial reporting, while simultaneously applying the Written Down Value method at Income Tax Act rates for tax purposes. This dual approach helps optimize both financial reporting accuracy and tax efficiency.

Depreciation impacts businesses in five critical ways:

  1. Financial Stability - Prevents dramatic profit fluctuations by distributing asset costs over multiple periods
  2. Resource Planning - Helps accumulate funds for eventual asset replacement
  3. Investor Confidence - Provides more realistic performance metrics for investment decisions
  4. Tax Planning - Creates opportunities for tax-efficient asset management
  5. Business Valuation - Affects key metrics used in determining company worth

For Indian businesses, understanding depreciation rates under both regulatory frameworks is essential. The Income Tax Act allows depreciation as a deduction when calculating income under "Income from Business and Profession," directly affecting taxable income. Meanwhile, the Companies Act 2013 focuses on representing the true economic consumption of asset value.

Without proper depreciation accounting, businesses would struggle to present an accurate representation of their financial reality. The systematic allocation of asset costs ensures financial statements reflect a company's true economic position, providing stakeholders with reliable information for decision-making.

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Types of Depreciable Assets

Identifying qualified assets is the essential first step for businesses looking to claim depreciation benefits. Under both the Companies Act and Income Tax Act, depreciable assets fall into two primary categories that form the foundation of depreciation calculations.

Tangible Assets

These physical assets constitute the backbone of most business operations and include:

  • Buildings: This category includes residential structures with a 5% depreciation rate, hotels and boarding houses at 10%, and temporary wooden structures at a higher 40% rate
  • Furniture and Fittings: All furniture including electrical installations qualify for a 10% depreciation rate
  • Plant and Machinery: This diverse category encompasses motor vehicles (15% rate), while computers and software receive an accelerated 40% rate
  • Vehicles: Commercial vehicles like taxis, buses, and lorries used in hire businesses attract a 30% depreciation rate
  • Books: Professional annual publications qualify for 100% depreciation, while non-annual publications receive 60%

Intangible Assets

Though lacking physical form, these assets hold significant business value and generally receive a uniform 25% depreciation rate:

  • Franchises
  • Trademarks
  • Patents
  • Licenses
  • Copyrights
  • Know-how
  • Other similar business or commercial rights

The Block of Assets Concept

The Income Tax Act introduces a unique "Block of Assets" approach, where assets with similar characteristics are grouped together. Initially, tangible assets are categorized as building, machinery, plant, or furniture. For assets to form a block, they must attract identical depreciation rates.

Once assets are grouped into a block, they lose their individual identity for depreciation purposes. This approach significantly simplifies tax compliance by eliminating the need to track numerous individual assets.

Qualification Requirements

For assets to qualify for depreciation claims, they must meet two essential conditions:

  1. Ownership: The assets must be owned by the assessee, either wholly or partly
  2. Business Usage: The assets must be used for business or professional purposes

Year-round usage isn't mandatory—even seasonal utilization qualifies for appropriate depreciation benefits. This provision acknowledges the reality of businesses with cyclical operations.

Companies typically classify their assets based on nature, useful life, and applicable depreciation rates as prescribed in the respective acts, ensuring proper accounting and taxation treatment.

What is Written Down Value or WDV Asset?

Written Down Value (WDV) serves as the foundation for depreciation calculations under the Income Tax Act. Rather than using the original cost, depreciation is computed on the remaining value of an asset or block of assets after deducting previous depreciation claims.

How is WDV Calculated?

WDV essentially represents an asset's cost minus all accumulated depreciation claimed until date. For tax purposes, this calculation becomes particularly important since depreciation applies to the WDV of entire asset blocks rather than individual items.

The formula for determining WDV can be expressed as:

Opening WDV of block + Cost of new assets purchased during the year - Money received from assets sold = Closing value of block before depreciation

After determining this value, you apply the applicable depreciation rate to arrive at the final WDV. Consider this practical example:

A machinery block with 15% depreciation rate has an opening value of ₹5,00,000. New equipment worth ₹40,000 was purchased and used for less than 180 days. The depreciation calculation would be:

(₹5,00,000 × 15%) + (₹40,000 × 15% × 1/2) = ₹75,000 + ₹3,000 = ₹78,000

The closing WDV after depreciation would therefore be ₹4,62,000.

Once assets are grouped into a block, they lose their individual identity for depreciation purposes. This unified approach significantly simplifies tax compliance for businesses.

WDV vs. Straight-Line Method

The WDV method typically results in higher depreciation charges during earlier years, which gradually decrease over time. This contrasts with the Straight-Line Method where depreciation remains constant throughout an asset's lifetime.

While the Income Tax Act mandates the WDV method for most assets (with exceptions for power generating units), the Companies Act 2013 offers businesses flexibility to choose between Straight-Line, WDV, or Unit of Production methods based on asset types and business requirements.

The WDV approach better reflects economic reality, as assets generally lose more value during their initial years of use and experience diminishing depreciation as they age.

What are the Conditions for Claiming Depreciation

The Income Tax Act establishes specific conditions that businesses must satisfy before claiming depreciation benefits. These requirements ensure proper tax treatment while preventing misuse of depreciation provisions.

Ownership Requirement

Ownership stands as the fundamental condition for claiming depreciation. The assessee must own the asset, either wholly or partly, to qualify for depreciation benefits. However, several notable exceptions exist:

  • When an assessee constructs a building on leased land, depreciation can be claimed on the structure despite not owning the land
  • In mortgage situations where assets are built on mortgaged property, depreciation remains available
  • For finance lease arrangements, lessees can claim depreciation despite not being legal owners

Conversely, in short-term hire-purchase arrangements, depreciation claims aren't permitted as ownership hasn't effectively transferred.

Business Purpose Utilization

Assets must be employed for business or professional purposes to qualify for depreciation. This doesn't mean the asset requires year-round usage - even seasonal factories with limited operational periods qualify for full depreciation benefits.

When assets serve dual purposes (both business and personal), depreciation is allowed proportionately based on business usage. For example, if a vehicle is used 70% for business and 30% for personal purposes, depreciation can be claimed on 70% of its value.

Additional Key Conditions

  • Asset Sale Restriction: If an asset is sold, discarded, or damaged in the same year it was purchased, the assessee cannot claim depreciation on it
  • Co-ownership Provisions: When multiple parties co-own an asset, each co-owner may claim depreciation based on their ownership share
  • Mandatory Application: Depreciation is compulsory under the Income Tax Act - from Assessment Year 2002-03, it's deemed allowed even if not explicitly claimed in financial statements

Keep in mind that for taxpayers using presumptive taxation schemes, the deemed profit is considered to already include depreciation. The prescribed rates under the Income Tax Act must be followed regardless of different rates used in financial statements under the Companies Act.

The Written Down Value must be carried forward after reducing the depreciation amount, ensuring proper asset valuation in subsequent years.

Different Methods of Depreciation Calculation

Businesses employ several methodologies to calculate depreciation on assets, with approaches varying based on regulatory requirements. The Companies Act and Income Tax Act prescribe different methods, each serving distinct financial and tax objectives.

What are the Key Depreciation Methods under Companies Act?

The depreciation landscape in India is shaped by specific methods allowed under different regulatory frameworks:

Under Companies Act 1956 (Based on Specified Rates):

  • Straight Line Method
  • Written Down Value Method

Under Companies Act 2013 (Based on Useful Life):

  • Straight Line Method
  • Written Down Value Method
  • Unit of Production Method

Under Income Tax Act 1961 (Based on Specified Rates):

  • Written Down Value Method (Block-wise) - Primary method
  • Straight Line Method (exclusively for Power Generating Units)

How Do These Methods Work?

Straight Line Method (SLM) distributes depreciation equally throughout an asset's useful life. This straightforward approach uses the formula:

Rate of Depreciation = [(Original Cost – Residual Value) / Useful Life] × 100

The annual depreciation amount equals: Depreciation = Original Cost × Rate of Depreciation

Written Down Value Method (WDV) calculates depreciation on the reducing balance of an asset. This method applies a fixed percentage to the asset's remaining value after previous depreciation. Unlike SLM, WDV results in higher depreciation in earlier years, gradually decreasing over time.

Unit of Production Method, introduced in Companies Act 2013, links depreciation to actual usage rather than time. This method proves particularly beneficial for assets whose value diminishes based on production output rather than mere passage of time.

Throughout the depreciation lifecycle, businesses must reconcile differences between accounting and tax treatments. A company might simultaneously apply SLM for financial reporting (Companies Act) and WDV for tax purposes (Income Tax Act), creating temporary differences that require deferred tax adjustments.

These methodological differences lead to varied depreciation amounts and significantly impact financial ratios, tax liabilities, and overall business valuation. The selection of depreciation method therefore represents a strategic financial decision rather than merely an accounting choice.

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Impact of Depreciation Method

The selection of depreciation methods significantly influences a business's financial statements and tax obligations. The difference between methods prescribed under the Companies Act versus the Income Tax Act creates varying depreciation amounts for identical assets.

When businesses apply the Straight-Line Method under Companies Act for financial reporting while simultaneously using the Written Down Value Method for tax calculations, timing differences naturally emerge. These differences necessitate deferred tax accounting to ensure financial statements accurately reflect future tax implications.

Here's a practical example demonstrating depreciation calculation under the Income Tax Act:

Asset Block Asset Type Opening Value Purchases (≥180 days) Purchases (<180 days) Depreciation Calculation Amount Closing WDV
Block 1 Machine (15%) 0 5,00,000 40,000 (5,00,000×15%)+(40,000×15%×1/2) 78,000 4,62,000
Block 2 Furniture (10%) 0 20,000 0 20,000×10% 2,000 18,000
Block 3 Car (15%) 0 0 3,00,000 3,00,000×15%×1/2 22,500 2,77,500

This calculation affects financial reporting significantly. Under Accounting Standard-22 (AS-22) or IND AS 12, companies must account for temporary differences between accounting and tax depreciation. Consider an asset costing ₹150 with a carrying amount of ₹100 but a tax base of ₹60 (after ₹90 in tax depreciation). This creates a temporary difference of ₹40.

With a 25% tax rate, the company must recognize a deferred tax liability of ₹10 (₹40×25%) in financial statements, representing future taxes payable when recovering the asset's carrying amount.

Businesses must carefully evaluate which depreciation method to adopt, as it impacts:

  • Reported profits in financial statements
  • Timing of tax payments
  • Cash flow planning
  • Financial ratios used for performance evaluation

The differences in depreciation calculation extend beyond mere accounting technicalities—they have substantial financial implications requiring strategic consideration by business management.

Depreciation Rates under Companies & Income Tax Act

Amount of Depreciation Allowed

The Income Tax Act establishes specific parameters for calculating permissible depreciation amounts. The framework includes clearly defined methods and rates that businesses must follow when preparing tax returns. The Written Down Value (WDV) method serves as the mandated approach for most businesses, with precise rates outlined in Appendix 1 of the Act.

Special Provisions for Power Generation Businesses

Power generation businesses enjoy unique flexibility within the tax framework. These undertakings can select either the WDV method or the Straight-Line method when claiming depreciation. This choice offers valuable tax planning opportunities but must be exercised before the tax return's due date.

Corporate Restructuring Scenarios

When businesses undergo amalgamation or demerger, depreciation calculations require special attention. The total depreciation allowance is distributed between the participating companies based on a specific formula. This calculation follows an interesting approach - it assumes the restructuring never occurred, with the amount apportioned according to the number of days each entity utilized the assets.

Finance Lease Considerations

Finance lease arrangements present another notable exception to standard ownership requirements. When a lessee capitalizes assets in accordance with Accounting Standard-19 on Leases, they can claim depreciation despite not being the legal owner. This provision recognizes the economic reality that lessees effectively exercise ownership rights in such arrangements.

Impact of Acquisition Timing

The timing of asset purchases significantly affects allowable depreciation. Assets used for fewer than 180 days in a financial year qualify for only half the applicable rate, as shown below:

Asset Type Purchase Value Usage Period Calculation Depreciation
Machine (15%) ₹40,000 <180 days ₹40,000×15%×½ ₹3,000
Car (15%) ₹3,00,000 <180 days ₹3,00,000×15%×½ ₹22,500

Dual Calculation Approaches

Companies typically maintain separate depreciation calculations for financial reporting versus tax purposes. This dual approach stems from the differing objectives between regulatory frameworks. The Companies Act focuses on representing the true economic consumption of asset value, providing an accurate financial picture. In contrast, the Income Tax Act aims to standardize tax deductions across businesses, creating a uniform system for taxation purposes.

Understanding these provisions helps businesses maximize legitimate tax benefits while maintaining compliance with regulatory requirements.

Depreciation Rates for FY 2025-26 for Most Commonly Used Assets

The Income Tax Act provides a structured framework of depreciation rates for FY 2025-26 that businesses must apply when calculating their tax liabilities. These rates serve as a critical reference point for financial planning and tax compliance.

The depreciation rate chart is organized into two main sections: Part A for Tangible Assets and Part B for Intangible Assets. Each asset category has been assigned specific rates based on their nature, expected useful life, and wear and tear patterns.

Buildings fall into several sub-categories with varying rates:

  • Residential structures - 5% depreciation rate
  • Commercial buildings and hotels - 10% depreciation rate
  • Temporary wooden structures - 40% depreciation rate (reflecting their shorter lifespan)

Furniture and fittings including electrical fixtures attract a standard 10% depreciation rate across all types and usage patterns.

Plant and machinery encompasses a diverse range of assets with differentiated rates:

  • Standard machinery - 15% depreciation rate
  • Computers and software - 40% depreciation rate
  • Motor vehicles for business use - 15% depreciation rate
  • Commercial vehicles used in hiring businesses - 30% depreciation rate

Books owned by professionals receive specialized treatment under the tax code:

  • Annual publications - 100% write-off
  • Non-annual professional books - 60% depreciation rate
  • Lending library books - 100% depreciation rate

Intangible assets such as franchises, trademarks, patents, licenses, and copyrights uniformly qualify for a 25% depreciation rate.

The timing of asset acquisition plays a significant role in depreciation calculations. Assets used for less than 180 days in a financial year qualify for only half the applicable rate. For example, a car worth ₹3,00,000 purchased in the latter half of the fiscal year would receive depreciation of ₹22,500 (calculated as ₹3,00,000 × 15% × ½).

Businesses must carefully apply these prescribed rates based on accurate asset classification and usage period. Proper implementation ensures both tax compliance and optimization of legitimate deductions, ultimately affecting the company's financial position and tax liability.

Depreciation Rates as Per the Income Tax Act

The Income Tax Act establishes a structured classification system for depreciable assets with specific rates assigned to each category. These prescribed rates serve as the foundation for tax calculations across businesses in India and fall into two distinct sections.

Part A: Tangible Assets This section covers physical assets used in business operations:

Asset Class Key Examples Rate
Buildings Residential structures 5%
Buildings Commercial spaces, hotels 10%
Buildings Water treatment systems (acquired after Sept 1, 2002) 40%
Furniture All fittings including electrical 10%
Plant & Machinery Standard machinery 15%
Plant & Machinery Computers and software 40%
Vehicles Personal-use cars 15%
Vehicles Commercial taxis/busses 30%
Books Professional annual publications 100%

Part B: Intangible Assets For intellectual property and similar business rights, the Income Tax Act maintains a consistent approach:

Intangible assets including franchises, trademarks, patents, licenses, and copyrights all qualify for a uniform 25% depreciation rate.

Businesses must classify their assets according to this framework when calculating taxable income. The structure creates standardization across industries while acknowledging the varying lifespans of different asset types.

Timing plays a crucial role in depreciation calculations under the Income Tax Act. Assets used for less than 180 days in a financial year receive only half the applicable rate. This provision ensures tax treatment reflects actual asset utilization periods.

While the Companies Act 2013 focuses on the useful life approach for depreciation, the Income Tax Act provides these fixed rates to create uniformity in tax treatment. This fundamental difference often results in separate depreciation amounts between financial reporting and tax calculations, requiring businesses to maintain dual record systems.

The block-of-assets concept further simplifies tax depreciation by grouping similar assets together and treating them as a single entity. This approach streamlines compliance while providing standardized treatment across industries.

Rate of Depreciation under the Companies Act 2013

The Companies Act 2013 represents a significant paradigm shift in how businesses approach depreciation for financial reporting. Unlike its predecessor, this Act adopts a useful life approach rather than relying on fixed percentage rates. This fundamental change focuses on reflecting the true economic consumption of asset value over time, creating a more accurate financial representation.

How does Schedule II impact depreciation calculations?

Schedule II of the Companies Act 2013 provides a comprehensive reference chart detailing useful lives for various asset categories. This schedule serves as a guideline for determining appropriate depreciation periods, representing a significant departure from the percentage-based approach of the 1956 Act.

The formula for calculating depreciation typically follows: Rate of Depreciation = [(Original Cost – Residual Value) / Useful Life] × 100

What are the financial reporting implications?

The useful life approach often yields different depreciation amounts compared to tax calculations under the Income Tax Act. These variations create temporary differences that require deferred tax accounting treatments. Consequently, most businesses maintain separate depreciation records, one for financial reporting compliance and another for tax purposes.

Companies must disclose their chosen depreciation methods, useful life assumptions, and reconciliation of differences between tax and accounting depreciation in the notes to financial statements. This transparency helps stakeholders assess the true economic value of company assets and understand management's capital allocation decisions.

Business leaders should carefully evaluate their asset portfolios to determine appropriate useful lives and select depreciation methods that best represent economic reality while complying with statutory requirements. This thoughtful approach ensures financial statements accurately reflect the company's financial position and performance.

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Frequently Asked Questions

What is the depreciation rate of a company?

The depreciation rate varies based on asset class and applicable law. Under the Companies Act 2013, rates are determined by the asset's useful life rather than fixed percentages. In contrast, the Income Tax Act specifies fixed rates: buildings (5-40%), furniture (10%), plant and machinery (15-40%), and intangible assets (25%). First and foremost, companies must identify which regulatory framework applies to their specific reporting purpose.

How do companies calculate depreciation?

Companies typically use three methods. The Straight Line Method divides cost evenly across the asset's life using the formula: [(Original Cost – Residual Value) / Useful Life] × 100. Alternatively, the Written Down Value Method applies a fixed percentage to the remaining asset value after previous depreciation. Finally, the Unit of Production Method links depreciation to actual usage. Fundamentally, the choice depends on both regulatory requirements and business objectives.

Which depreciation method is better?

No single method is universally superior. SLM provides consistent expenses ideal for financial planning but may not reflect true asset value decline. Correspondingly, WDV better represents actual value deterioration with higher initial depreciation. In relation to tax benefits, WDV often provides greater immediate tax advantages while SLM offers simpler calculations and predictability.

Who decides depreciation rates?

For financial reporting, the Ministry of Corporate Affairs determines useful life guidelines through Schedule II of Companies Act 2013. By and large, for taxation purposes, the Income Tax Department establishes rates specified in the Income Tax Act.

What is depreciation allowance under Income Tax Act?

Depreciation allowance is a tax deduction permitted on business assets as per Section 32 of the Income Tax Act. This mandatory allowance follows the WDV method (except for power generation units) and is deemed granted even if not explicitly claimed in financial statements.

Mukesh Goyal

Mukesh Goyal is a startup enthusiast and problem-solver, currently leading the Rize Company Registration Charter at Razorpay, where he’s helping simplify the way early-stage founders start and scale their businesses. With a deep understanding of the regulatory and operational hurdles that startups face, Mukesh is at the forefront of building founder-first experiences within India’s growing startup ecosystem.

An alumnus of FMS Delhi, Mukesh cracked CAT 2016 with a perfect 100 percentile- a milestone that opened new doors and laid the foundation for a career rooted in impact, scale, and community.

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