CIT v. Cactus Imaging India (P.) Ltd. (2018)406 ITR 406/ 256 Taxman 32 (Mad)( HC)

Interpretation of taxing Statutes — Entries — Depreciation-Precedent – If a particular article would fall within the description by the force of the words used, it is impermissible to ignore the word description. Ratio in Bimetal Bearings Ltd. v. State of Tamil Nadu ( 1991) 80 STC 167(SC)

Supreme Court in  Bimetal Bearings Ltd. v. State of Tamil Nadu ( 1991) 80 STC 167(SC)  explains how an entry has to be interpreted in a taxation statute. If the “entry” to be interpreted is in a taxing statute full effect should be given to all the words used therein and if a particular article would fall within a description, by the force of words used, it is impermissible to ignore the description, and denote the article under another entry, by a process of reasoning. The rule of construction by reference to contemporanea expositio is a well-established rule for interpreting a statute by reference to the exposition it has received from contemporary authority, though it must give way where the language of the statute is plain and unambiguous. If a particular article would fall within the description by the force of the words used, it is impermissible to ignore the word description.( AY. 2003-04, 2004-05 )