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TMI Blog1978 (2) TMI 97X X X X Extracts X X X X X X X X Extracts X X X X ..... 6(2) of the Income-tax Act, 1961, arises in respect of the assessment year 1964-65, for which the relevant accounting year is the calendar year 1963. During the accounting year relevant to the assessment year, the assessee had incurred an expenditure of Rs. 11,200 on the driveways and the compound walls and had treated the same as building or plant and had claimed depreciation thereon. The Income- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g on which depreciation was allowable. In order to enable the assessee to receive motor vehicles for the purpose of supplying petrol, the Tribunal observed, the assessee had necessarily to have roads and having particular regard to the business carried on by the assessee it was also necessary to enclose the area by a compound wall. These findings of fact have not been challenged. The driveways and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tax Act, 1961. In other words, it was urged that it was only those buildings, machinery, plant or furniture which were capable of being discarded, sold, demolished or destroyed, that should be considered to be " building ". This argument, however, does not further the point. Even if it be considered that the building in respect of which depreciation is allowed under section 32 of the Act must be t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de was not a " building " within the meaning of section 9 of the U. P. Zamindari Abolition Land Reforms Act 1951. The Supreme Court observed that the expression " building " must be understood in the context in which it was used and, in the absence of any definition in any particular Act, in the light of ordinary grammatical meaning. In the instant case, we are concerned with depreciation in res ..... X X X X Extracts X X X X X X X X Extracts X X X X
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