car purchase name of person wife.car expenses, depreciation,car insurance expenses claimed husband business account allowed in it act.
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Quick Summary
This discussion explores the tax implications of using a car for business when it's registered in a spouse's name. It covers whether depreciation and insurance expenses can be claimed, especially if the car isn't legally owned by the business. The consensus leans towards claiming expenses as hire charges or proving beneficial ownership to claim depreciation, citing relevant court cases.
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 .
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.
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