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.