000			01754cab a2200277 4500
001			ABS50364
008			090401t1994 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u75443
041			_aeng
245			_aMelluish (Inspector of Taxes) v BMI (No 3) Ltd and related appeals
260			_c1994
350			_a0
490			_aSimon`s Tax Cases _v1994 STC 315-359(45)
520			_aChD 27 January 1994, BMI (No 3) Ltd (B) leased plant and machinery to local authorities consisting of central heating units for installing in council houses and a range of miscellaneous items including boilers and swimming pool equipment. The Crown refused B`s claim to writing down allowances pursuant to Finance Act 1971 s44(1) on the grounds that the equipment became fixtures in premises owned by local authorities and ceased to belong to BMI. The Special Commissioners upheld B`s claim that the equipment remained chattels because of the leasing agreement and that they were entitled to capital allowance under Finance Act 1985 s59 and Sch 17 para 3. On appeal by the Crown, held that the central heating units once installed in a council house belonged to the tenant and expenditure incurred on it did not qualify for capital allowances under the 1971 Act. Regarding the miscellaneous equipment, as local authorities are fully exempt from income and corporation taxes, the terms of the Financ
650			_aCAPITAL ALLOWANCES
650			_aCENTRAL HEATING UNITS
650			_aCOUNCIL HOUSES
650			_aFINANCE ACT 1971 S44(1)
650			_aFINANCE ACT 1985 S59
650			_aFINANCE ACT 1985 SCH 17 PARA 3
650			_aFIXTURES AND FITTINGS
650			_aPLANT AND MACHINERY
690			_aTAXATION-CASE LAW
942			_n0
948			_c04/03/1997
999			_c47494 _d47494