When an asset is used continuously for a long time, its value deteriorates due to wear and tear and obsolescence. This can be broadly called depreciation. The Income Tax Act prescribes rates and methods of computation for depreciation for different classes of assets. In this article, we will learn about depreciation and its tax implications in the case of a leased asset through interesting case law.
The Supreme Court passed the judgement on 14th January 2013.
The Supreme Court decided that the assessee has in fact used the asset. As per the provisions of the Income Tax Act, depreciation can be claimed if the asset has been ‘used for the purpose of business’. Since the assessee is in the business of leasing vehicles, and the vehicles were used for leasing business, it can be very well regarded that the asset was used for the purpose of business.
As per the terms of the leasing agreement,
Considering these points in the lease agreement, it is evident that the assessee is the true owner of the vehicles, though the vehicles were registered under the customers' names.
It was inferred by the court that the ‘usage for business purpose’ has the same meaning for normal depreciation under section 32(1) and enhanced rate of depreciation. Since the assessee has actually leased out the vehicles, it can be considered under the meaning of hire and the assessee is entitled to claim depreciation at a higher rate.
“The judgement came in favour of the assessee and he was allowed the enhanced rate of depreciation. Therefore, the lessor is entitled to claim depreciation according to this case law. The lessee(customers) are not entitled to claim depreciation according to this case law.”
This case law further emphasized the importance of an asset's actual usage, rather than its legal form or documentation, when determining eligibility for claiming depreciation. The Court focused on substance over form, highlighting that the genuine use of the asset in the business is the key factor rather than merely relying on formal ownership documents or agreements.