Personal car used for company

I am planning to buy a car worth 11 Lakhs for which I plan to take a loan of 9.5 Lakhs from a bank. I am a promoter a private limited company in which I am the major stock holder. Is there a way by which I can make the company pay for the EMI and other maintenance of the Car and also take the benifit of depreciation,etc., since the car is purely for business purpose. Since the company does not have positive P&L yet, I am not able to get the loan in the name of the company. I would appreciate if anyone can advice.

Thanks

Replies (3)

Ya u can do so. U have to show that the car is used for companys buisness only. It has been held in cases that co. need not be the registered owner of co. 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 and other  maint. expenses.

Wait for other opinions on this too

agreee with sumit

Depreciation;

In Case of Motor Vehicle, ownership is determined by Possession of the Vehicle and the assessee has to prove that it is used for the purpose of business. Registration under motor vehicle act is only permission for driving the vehicle on the road. (Salkia Transport Associates 143 ITR 39 (Cal), Dilip Singh Sardhar Singh Bagga  ITR 985 (Bom), Nidhi Trnsport Corpn. 76 CTR 221 (ker.), K Torurism & Devep Corporation (Del).

Therefore, if you use the car entirely for business purpose and you can prove that it has been used only for business purpose, you can claim depreciation, though the asset has been registered in your name.

However, it is to be noted that for the purpose of claiming depreciation, the assessee must be the owner of the asset. There is no clear idea with me for claiming depreciation, whether beneficial ownership is enough as the above decision were held only in high courts and not in supreme court.

Therefore i suggest that, transfer the asset to the company as capital contribution and then cliam depreciation. But, it may be done if your MoA & Loan agreement with Banker permits.

In another case, you can transfer the asset to the company on the written terms that consideration for such transfer will be settled by repaying your loan with interest to the banker by the company. In Such case, Interest expenses also be claimed. It is also subject to MoA and Loan agreement conditions.

Maintenance Exps;

There is no bar for claiming maintenance expenses, as it is only incurred for business purpose.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured 21 September 2026
Consultant - Reporting

Finrep Advisors LLP

Mumbai

CA

View Details
Company
Featured 12 September 2026
Assistant Manager - Finance & Compliance

Naveen Fintech Pvt Ltd

Kolkata

CA Inter

View Details
Company
15 September 2026
Client-site CA associate

Aditya Muley and Co

Mumbai

CA

View Details
Company
ARTICLESHIP 01 September 2026
Articles

Saini Pati Shah & Co LLP, Chartered Accountants

Mumbai

CA Foundation

View Details
Company
ARTICLESHIP 16 September 2026
CA Article Trainee

SR BAGAI & Co.

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 16 September 2026
Article Assistant

MANUJ SHARMA AND COMPANY

Noida

CA Inter

View Details
Company
ARTICLESHIP 07 September 2026
Article/ Paid Assistant

Murali and Sumeet Chartered Accountant

Bengaluru

CA Foundation

View Details
Company
09 September 2026
Semi Qualified CA / CA Inter - 2 Groups Cleared

Getmyca Consultant Pvt Ltd

New Delhi

CA Inter

View Details