Depreciation on building assets applies only to the superstructure, not the underlying land, under the tax statute.

For depreciation under section 10(2)(vi) of the Indian Income-tax Act, 1922, the expression "building" was construed to mean only the superstructure. Land or site beneath the building was excluded from that term, so depreciation was allowable only on the superstructure and not on the land.

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Issues: Whether depreciation under section 10(2)(vi) of the Indian Income-tax Act, 1922, was allowable only on the superstructure or also on the land on which it stood.

Analysis: The question turned on the construction of the expression "building" in section 10(2)(vi). The controlling legal position was that, for depreciation purposes, "building" denotes the superstructure and does not extend to the site or land beneath it.

Conclusion: Depreciation was allowable only on the superstructure and not on the land.

Ratio Decidendi: For the purpose of depreciation under section 10(2)(vi), the statutory expression "building" includes only the superstructure and excludes the site or land.

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