Depreciation on the vehicles financed by assessee and registered in the name of third party

Last updated: 25 April 2013

Court :
SUPREME COURT OF INDIA

Brief :
The assessee is a public limited company, classified by the Reserve Bank of India (RBI) as a non-banking finance company. It is engaged in the business of hire purchase, leasing and real estate etc. The vehicles, on which depreciation was claimed, are stated to have been purchased by the assessee against direct payment to the manufacturers. The assessee, as a part of its business, leased out these vehicles to its customers and thereafter, had no physical affiliation with the vehicles. In fact, lessees were registered as the owners of the vehicles, in the certificate of registration issued under the Motor Vehicles Act, 1988 (hereinafter referred to as “the MV Act”).

Citation :
M/S I.C.D.S. LTD. — APPELLANT VERSUS COMMISSIONER OF INCOME TAX, MYSORE & ANR. — RESPONDENTS