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november 1985

Supreme Court of India · 1985-11-01

SCIENTIFIC ENGINEERING HOUSE (P) LTD. vs COMMISSIONER OF INCOME TAX, ANDHRA PRADESH

Citation / case number
SC 1974/60440
Court
Supreme Court of India
Petitioner
SCIENTIFIC ENGINEERING HOUSE (P) LTD.
Respondent
COMMISSIONER OF INCOME TAX, ANDHRA PRADESH
Author
V.D. TULZAPURKAR
Bench
V.D. TULZAPURKAR

Judgment text excerpt

The Supreme Court examined the definitions of 'Book' and 'Plant' under the Income Tax Act, 1961, specifically Sections 32, 34, and 43(3). The Court held that the technical know-how provided through documentation services, including drawings and designs, constitutes a capital asset but not a depreciable asset. Consequently, the claim for depreciation on the amount paid for these services was denied, affirming the Tribunal's decision that the payment was primarily for capital expenditure rather than for acquiring tangible assets eligible for depreciation.

SCIENTIFIC ENGINEERING HOUSE (P) LTD. vs COMMISSIONER OF INCOME TAX, ANDHRA PRADESH · Niyam