I am a regular salaried employee.However I have invested a couple of bikes and use them for rental through a bike rental company X. I am not a part of the company X. I have just given the bikes to them to rent out. The bikes are in the name of the company but we have an agreement stating that I am the owner of the bikes and I have leased the bikes to them. In this case under which head would this income go ? Income from other sources or income from business ? Can I claim depreciation on the bikes ? If my net income is negative from this, can I set it off against my regular salary ? And do I need a firm to claim depreciation ?
Though you are not the registered owner, you are the beneficial owner. If you are earning any income from this business, you are supposed to include this source while filing Income tax return. In case of loss from business, you cannot setoff with salary income.
Beneficial ownership is relevant to claim depreciation.You are the lessor of the bikes though the bikes were registered in the name of the company X, you can claim depreciation on these bikes (Refer the Supreme Court judgement in I.C.D.S Ltd. case).You can show it as a business income and claim depreciation on these bikes.But you cannot set off the loss of business with the income of salary.