1992 (10) TMI 14

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..... ree questions are referred to us under section 256(1) of the Income-tax Act, 1961 : "1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the roads inside the factory campus are also buildings eligible for depreciation as any of the other factory buildings ? 2. Whether the Tribunal was right in law in upholding the decision of the Appellate .....

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..... reservoirs, which were constructed, formed part of the filtration plant, and were essential for the functioning of the filtration plant. The Tribunal took the view that the tanks and reservoirs fell within the definition of " plant" and were eligible for development rebate at ten per cent. Regarding question No. 1, the answer would be governed by a decision of this court in the case of CIT v. Col .....

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..... the building or construction will not be considered a plant, and if the equipment cannot function without such a structure, the structure would form a part of the plant. Applying that ratio to the present case, the tanks and reservoirs, which are concrete structures, form an integral part of the filtration plant. Hence, they have to be treated as plant, and, as such, they would be eligible for dev .....

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