Ajit Prakash Shah, C.J.

1. This matter has been remitted by the Supreme Court for recording finding on the following two questions:

(i) Whether the erection of storage tanks on the lands in question amounts to erection of a building which is taxable under the Delhi Municipal Corporation Act?

(ii) If the answer to question (i) above is in the affirmative, whether those storage tanks and other structures raised on the lands in question are exempted as plant and machinery under Section 116 of the Delhi Municipal Corporation Act?

(Signer's identity unknown) Signed by Naresh Mehta Time: 2009.03.28 10:09:52 +05'30' Reason: Location:

2. Before adverting to the questions involved, we may notice the basic facts of the matter. The respondent had been granted separate and distinct licenses by the President of India acting through Superintendent of Northern Railway Delhi for the purpose of maintaining depot for storage of petroleum products at a yearly license fee of Rs. 20640/- and Rs. 31000/- per annum respectively.

3. The properties in question were assessed at a rateable value which was sought to be increased. Objections were filed by the respondent. A contention was raised that the stor