1975 (6) TMI 12

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... under section 66(1) of the Indian Income-tax Act, 1922, for our determination. They are as under : " 1. Whether, on the facts and in the circumstances of the case, the air-conditioning equipment installed by the assessee in its safe deposit vault can be said to be machinery or plant which consists of office appliance as referred to in the second proviso to section 10(2)(vib) of the Indian Inco....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... as machinery or plant. We find that it is not necessary to discuss in detail this question, because it can be regarded as fairly covered by the decision of the Supreme Court in Commissioner of Income-tax v. Taj Mahal Hotel. The Supreme Court was concerned in this case with the question whether the sanitary and pipeline fittings installed in one of the branches of the hotel fell within the definit....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he size or number of the rooms. The question was whether these partitions were " plant " within sections 279 and 280 of the English Income Tax Act, 1952, so as to entitle the company to allowances under those sections. There the material words in the statute were " where a person carrying on a trade in any year of assessment has incurred expenditure on the provision of machinery or plant for the p....