AO
disallowed assessee’s claim of depreciation on cars on the count that the cars
were registered in the name of a director of the assessee-company. He was of
the view that the assessee-company had no dominion on such car and further,
there was no material to show that the use of such car was for the purpose of
the assessee-company’s business. The Hon’ble ITAT observed that the said car
was purchased out of the funds of the assessee-company and the same was
reflected in the Balance-sheet of the assessee-company. It was held that
requirement of S.32 is that the vehicle must be owned by the assessee and not
that the vehicle must be a “Registered owner” of the same under The Motors
Vehicles Act. Accordingly, the assessee-company was eligible for depreciation
on such car.
[SWATI
AUTOLINK PVT. LTD. Vs. ITO – ITA NOS.1471/Ahd/2010]
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