Rate of depreciation applicable to bridges and flyovers constructed and owned by an infrastructure company

RELEVANT PARAGRAPH 8. Heard both sides. The issue for consideration is whether the fly over, roads, bridges, highway express, ROB etc can be classified as plant and machinery entitled to depreciation of 25% or whether they should be classified as building entitled to depreciation only of 10% Section 43(3) defines plant as under:- “Plant” includes ships, vehicles, books, scientific apparatus and surgical equipment used for the purposes of the business or profession [but does not include tea bushes or livestock] 19. The definition of plant has been subject matter of consideration and...