02 January 2014
my view is that it a building and therefore should be under 10%. see it another way, what if you construct a moonsoon shed on your on?? will you include it in the plant & machinery or in land and building??
02 January 2014
Tushar there are two types of monsoon sheds - pakka and temporary.
regardless of that, fact is that monsoon sheds are structures based on land (you cannot say its not land - otherwise where is it ? in air), made of different materials which can be bamboo or tarapulin and in some cases pakka construction. Now is there a definition as what material we have to use to make a building? Is bamboo house not a house??
However, if the structure itself is a temporary one, you can argue that it doesn't form part of building!
02 January 2014
Since querist must be facing problem when it is kaccha wala and he uses term moonsoon shed which is implied only used for moonsoon purpose ...so woh hawa mein to nahi latkega but will be on support...so it will be plant and machinery can refer dep chart it gives 100% dep
02 January 2014
ya. totally agreed with that. to further argue your case, expenses on erection of monsoon shed (kacha wala) can be claimed as revenue expenses (Johnson & Johnson Vs ACIT 2013-TIOL-273-ITAT-MUM).