Melluish (Inspector of Taxes) v BMI (No3) Ltd
Language: English Series: Weekly Law Reports ; (1994) 3 WLR 1032-1044(7)Publication details: 1994Subject(s): Summary: CA 28 July 1994. B and related companies leased central heating equipment and other plant to local authorities. They disagreed with the Inland Revenue over their eligibility for tax allowances under the Finance Act 1971 s44. M argued that once the equipment is installed it becomes a fixture and ceases to be B`s property. Special Commissioners overturned this ruling on the grounds that the leasing terms define the plant as chattels, and accordingly B was entitled to allowances under the Finance Act 1985 s59. This contention was reversed at court; the equipment, once installed, became the tenants` property and B did not qualify for allowances. On appeal it was "held" that B did lose possession of the equipment, but was eligible for the allowances.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS51639 (Browse shelf(Opens below)) | 1 | Available | 36650-1001 |
CA 28 July 1994. B and related companies leased central heating equipment and other plant to local authorities. They disagreed with the Inland Revenue over their eligibility for tax allowances under the Finance Act 1971 s44. M argued that once the equipment is installed it becomes a fixture and ceases to be B`s property. Special Commissioners overturned this ruling on the grounds that the leasing terms define the plant as chattels, and accordingly B was entitled to allowances under the Finance Act 1985 s59. This contention was reversed at court; the equipment, once installed, became the tenants` property and B did not qualify for allowances. On appeal it was "held" that B did lose possession of the equipment, but was eligible for the allowances.