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2015 (12) TMI 122 - ITAT MUMBAIScope of the term "Plant" u/s 43(3) - Exclusion of Building and Furniture from the scope of plant - constitutional validity - expenses have been incurred on wall partition, fall ceiling, flooring and sliding - Held that:- The word “plant” has been defined in section 43(3) as under: “(3) “plant” includes ships, vehicles, books, scientific apparatus and surgical equipment used for the purpose of the business or profession [but does not include tea bushes or livestock] [or buildings or furniture and fittings] As it can be seen from the above provision, definition of “plant” is inclusive in nature and not exhaustive. Thus, there is a wide scope for including many items in the definition. It is a matter of fact that legislature has stepped in specifically excluding “building” from the definition of “plant” and such amendment was brought by the Finance Act 2003 w.e.f. 2004. The coverage of term “plant” was subject matter of litigation, particularly on the issue whether building or furniture and fittings constitute “plant” and to clarify the intention of the statute such amendment has been brought. Such amendment brought into the statute by the legislature has not been shown to be violative of constitutional provision. Therefore, according to clear legislative intent the assessee cannot take the benefit of higher depreciation by including building in the value of “plant”. - Decided against assessee.
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