Plant

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..... fittings Explanation.(i) -For the purposes of section 44BB of the Income tax Act 1931,- plant includes- ships, aircraft, vehicles, drilling units, scientific apparatus and equipment, used for the purposes of the said business; Commissioner of Income-tax vs Anand Theatres- [ 2000 (5) TMI 4 - SUPREME COURT] The word plant is given inclusive meaning under section 43(3) which nowhere includes building .....

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..... ant. (3) For a building used for a hotel, specific provision is made granting additional depreciation under section 32(1)(v) of the Act. (4) Barclay, Curle and Co.'s case [1970] 76 ITR 62, decided by the House of Lords pertains to a dry dock yard which itself was functioning as a plant that is to say, structure for the plant was constructed so that dry dock can operate. It operated as an essen .....

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..... ospital in the case of Carr v. Sayer 65 TC 15 (Ch. D.), it has been observed that a hotel building remains a building even when constructed to a luxury specification and similarly a hospital building for infectious diseases which might require a special layout and other features also remains a premises and is not plant. It is to be added that all these decisions are based upon the interpretation o .....

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