M/S J K Cement Works vs. The State of Karnataka
STRP/100001/2014HC Karnataka23 Mar 2017
Bench: H.B.PRABHAKARA SASTRY,VINEET KOTHARI
Section 63Section 65Section 65(1)
…hat an enquiry has to be made as to what operation it performs. The functional test is, therefore, essential at any rate as a preliminary” 20. In the following case, disposed of by the learned Single Judge of this Court in Santosh Enterprises Vs. CIT, (1993) 200 ITR 353 (Kar), observed that the Indian Courts as well as English Courts, depending upon the context of income tax law, have treated even the assets like dry dock, silos built in the ship yard, freezing chamber in the case of cold storage, cinema building, etc. as falling within the definition of ‘Plant’. The relevant extract from the said judgment is a…