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Car expenses, depreciation, insurance claim

Others 351 views 9 replies
car purchase name of person wife.car expenses, depreciation,car insurance expenses claimed husband business account allowed in it act.
Replies (9)
Car invoice should be in the name of Business , and should be in Balance sheet as an asset of the Business therefore above expense may not allowed under IT Act .
Yes I agreed with prasad Nilugal
I would suggest that you claim expenses in nature of hire charges for the Car you're using in your wife's account. In that way you can caim expenses even though the car is on your wife's name.
It should be named under business
Yes....
Sec 32 states asset should be owned by assessee, No where mentioned whether assessee should be beneficial owner or legal owner.
*Tax Case (Appeal ) Nos.1261 and 1262 of 2009 and M.P.No.1 of 2009- madras high court allowed dep on bus on the basis of beneficial ownership.

*Civil Appeal No. 5374 OF 1974
[year one nine nine nine] 239 ITR 775 (SC) allowed dep on building on beneficial ownership.

with reference to above, Assessee can claim dep depreciation even if he is not registered owner
but he has to prove the beneficial ownership
Agree with above comment
Me too
Thank you


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