26 October 2013
If car is regs. in the name of director but is in possession of company and is used for buisness purposes u are eligible to claim depreciation.
Citation: Edwise Consultants Pvt. Ltd. Vs. ACIT (391/MUM/2011)
26 October 2013
Agreed with aryan ji . . you can claim depreciation in books by passing a board resolution saying cars will be used for business purpose .. however as far as income tax is concerned depreciation will not be allowed as per recent case study quoted by aryan,
26 October 2013
Whether I can deducted depreciation or not as per income tax, car is register in the name of Director but use in the business purpose plz give section or notification or case low
26 October 2013
Aryanji is telling as per the case law mentioned, depreciation is allowed under income tax, as the case name includes acit(Asst. Commissioner of Income Tax.) Ganeshji you are saying it is allowed as per companies act, by passing board resolution and not under income tax by referring to same case law. Confusing..
27 October 2013
Under Income-tax Act, 1961, It wont be allowed unless it can be justified that it was only in case of emergency the asset was bought in the name of the director.
The Edwise case too is against the assessee.
Also, as per Edwise, it won't even matter if the company paid for the cars. Rather such as amount may be added as a loan in the hands of the directors.
Given that in your case the director is using his own car, question of claiming depreciation doesn't arise at all.
What can be done though is that the Company may pay rent to the director for use of his car and he can claim depreciation against such income thereby effectively allowing tax deduction to the company.
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