Depreciation on assets registered in name of third person

Tax planning 470 views 1 replies

 

company acquire a commercial vechile under a name of third person (not related with company)  , Payment is made by company and assets is  used exclusively and for the beneficial of company 

query is 

can company claim depreciation on it 

 

Thanks in advance 

Ritesh khurana 

 

 

Replies (1)

It is not mandatory for the assessee to have legal ownership of a property .Beneficial ownership in terms of possession ,usage and control is sufficient to claim depreciation.

case study: Mysore minerals Ltd vs.CIT (1999) 239ITR775 SC


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