AIR 1992 SUPREME COURT 1782 ::1992 AIR SCW 1995 ::1992 TAX. L. R. 865 ::(1992) 104 CurTaxRep 243 ::1992 (3) SCC 326 ::1993 (1) Bom CR 425 ::(1992) 2 SCR 1017 (SC) ::1992 (2) SCR 1017 ::1992 (2) UPTC 769 ::(1992) 62 Taxman 471 ::(1992) 108 Taxation 360 ::(1992) 3 JT 158 (SC)

Supreme Court Of India

(From : Bombay)

Hon'ble Judge(s): N. M. Kasliwal, K. Ramaswamy , JJ

(A) Building - Meaning of - Includes roads and drains laid within factory premises - Capital expenditure incurred thereon - Admissible to depreciation.Depreciation - Roads and drains laid within factory premises - Capital expenditure thereon - Admissible to depreciation as building.Words and Phrases - Building - Includes roads and drains in factory. Income-Tax Act (43 of 1961) , S.32— Income-Tax Rules (1962) , R.5 App.I— (as amended in 1983) The roads laid within the factory premises @page-SC1783 as links or provided approach to the buildings are necessary adjuncts to the factory buildings to carry on business activity of the assessee (and) would be building within the meaning of S.32 of the Act. The capital expenditure incurred thereon is admissible to depreciation of written down value. It has to be worked out for the purpose of depreciation as per the provision of the Act read with the Rules in appendix. Equally the drains also would be an integral part of building for the convenient enjoyment of the factory. The expenditure incurred in laying the drains or written down value of the cost of its construction would equally be entitled to depreciation. It is to be worked out in terms of S.32 of the Act read with the rules in the Appendix. (B) Building - Includes roads ....