Chancery Division.

[The appeal against this decision is reported at [1984] BTC 92.]

Judgment delivered 28 March 1983.

Income tax – Capital allowances – Plant and machinery – Taxpayer entitled to lease or underlease once development completed – Whether plant and machinery built in ‘belonged’ to the taxpayer – Whether the taxpayer incurred the expense of the installations – Finance Act 1971, sec. 41Capital Allowances Act 1968, sec. 84.

  This was an appeal by the Crown against a decision of the General Commissioners that the taxpayer company was entitled to capital allowances claimed in respect of plant and machinery.

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