Depreciation

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DEPRECIATION ON CAR FROM THE DATE OF INVOICE OR FROM THE DATE OF REGISTRATION. ANY CASE LAW ON THE SAME
Replies (12)

The date the asset is put to use is relevant. Normally, registration is done before the delivery of car and in some cases even after the delivery of car. Invoice is usually drawn at the time of delivery. Hence, unless otherwise you have contrary to prove, date of invoice will be relevant and not the date of registration.

 

date of invoice as if the regestration is done after the date of invoice because depereciation is charged from the date it was put to use and we cant use the cas unless it is registered( IT is my opinion, Plz correct me if i am wrong)

Hello, The requirement of section 32 is that the vehicle must be owned by the taxpayer and not that the taxpayer must be a ‘registered owner’ of the same under the Motor Vehicles Act.

Kindly refer MYSORE MINERALS LTD (SC) judgment.

It is the date of invoice which has to be seen for the purpose of depreciation. Registration of vehicle is not determinative of ownership. Beneficial ownership is consider for claiming depreciation

Well , in your case Depreciation on vehicle  will be allowed from the Date of invoice BUT it will not be allowed if it is not used in business ( even a single day use before 31 march is necessary ) and you cannot put a vehicle on road if it is not registered with RTO. so if the vehicle is get registered before 31 march claim from DATE OF INVOICE . otherwise in  later assessment year

 you need to have sufficient proof in terms of petrol bills etc.  to prove  that the vehicle was used for your business or profession before 31st March .

Date of invoice will be considered for this purpose 

 

Kindly refer MYSORE MINERALS LTD (SC) judgment.

( Agree with Vishal Goel )

 

Date of Invoice will be relevant not the date of registration.

Date of Invoice will be relevant not the date of registration.

MYSORE MINERALS LTD (SC) has NO APLLCATION here because the fact the case are totally different . 

MYSORE MINERALS LTD talks that after acquiring possession depeciation can be claimed on building not registered in name of the assesse .

ownership is not the only condition for depeciation use is also a main condition , now building must have been used for the purpose of business otherwise depreciation would not have been allowed . tell me this WAS THERE ANY CONDITION ON USE OF THE BUILDING  for this purpose , the answer is no there is non.

 
but a VEHICLE CANNOT BE PUT ON ROAD ( for business / non business purpose) WITHOUT REGISTERING WITH RTO. 

 

so in MYSORE MINERALS LTD condition of use is satisfied but in case of vehicle condition for use can't be  satsfied . then explain how can you apply MYSORE MINERALS LTD.

remember , i am not denying that it will be available from date of invoice . i am saying depreciation will be available from DATE OF INCOICE but not on the basis of MYSORE MINERALS LTD.
remember , i am not denying that it will be available from date of invoice . i am saying depreciation will be available from DATE OF INCOICE but not on the basis of MYSORE MINERALS LTD.
You must own the car and u must use the car....legal ownership not reqd....suppose u paid advance of 10 lacs for a honda city in apr 15 and got immediate delivery and say inv raised or regn done in dec 15 also, u can claim full yr dep....concept laid down in case laws is that substance of the transaction mattters and not legal form......


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