https://www.taxtmi.com/caselaws?id=23130 HC applied the functional test under section 43(3) of the Income-tax Act, 1961 to determine whether a cinema building with tube lights and fittings qualifies as "plant." It held that where a building constitutes an apparatus or tool through which the business is carried on, it is "plant," but if it is merely a place where business is conducted, it is not. On facts, the cinema building, together with its fittings and fixtures, was integral to the assessee's cinema business and therefore constituted "plant." The question was answered in the negative, in favour of the assessee and against the Revenue, thereby entitling the assessee to the claimed development rebate and depreciation. en-us Wed, 12 Sep 1990 00:00:00 +0530 Fri, 05 Dec 2025 17:05:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=23130 HC applied the functional test under section 43(3) of the Income-tax Act, 1961 to determine whether a cinema building with tube lights and fittings qualifies as "plant." It held that where a building constitutes an apparatus or tool through which the business is carried on, it is "plant," but if it is merely a place where business is conducted, it is not. On facts, the cinema building, together with its fittings and fixtures, was integral to the assessee's cinema business and therefore constituted "plant." The question was answered in the negative, in favour of the assessee and against the Revenue, thereby entitling the assessee to the claimed development rebate and depreciation. Case-Laws Income Tax Wed, 12 Sep 1990 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=23130