TMI Blog1986 (6) TMI 101X X X X Extracts X X X X X X X X Extracts X X X X ..... as plant and machinery in the appellant's case. 2. The assessee is now in appeal before us contending that the lower authorities were not correct in rejecting the claim for investment allowance on the cages. It may be noted that the assessee pressed its claim for investment allowance only in respect of cages and not in respect of building in which such cages were fixed. Shri K. R. Ramamani, the learned representative of the assessee, contends that the word 'plant' has been given a wide meaning. Plant in its ordinary sense includes whatever is used by the businessman for carrying on the business except his stock-in-trade. As the cages are specially designed to house the chicks to get maximum output from them, they should be treated as pla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 61 ('the Act') should be given a very wide meaning. The definition of the word 'plant' under section 43(3) of the Act is only an inclusive one and not an exhaustive one. In Webster Dictionary the meaning of plant is given as under: "The machinery, apparatus, fixtures, etc., employed in carrying on a trade or a mechanical or other industrial business; and electric-light plant, a fishing plant, etc. In the commercial sense, a plant may include real estate and all else that represents capital invested in the means of carrying on a business, exclusive of the raw material or the manufactured product." The Supreme Court had occasion to go into the question as to the content of the word 'plant' in CIT v. Taj Mahal Hotel [1971] 82 ITR 44. In th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lant' in CIT v. Caltex Oil Refining (I) Ltd. [1976] 102 ITR 260 (Bom.). Considering the wide meaning that is given to the word 'plant' we have no doubt in our mind, that the cages which are used in the assessee's business for housing the birds in order to get better output from them, will fall within the scope of the word 'plant'. Whether the assessee will be eligible for investment allowance or not, will depend on the facts whether the various conditions under section 32A of the Act have been satisfied or not. as this has not been gone into either by the ITO or by the Commissioner (Appeals), we remit back the matter to the ITO to decide the issue of allowability or otherwise of investment allowance, after considering the cages installed by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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