I have read your editorial (Taxation, 27 October 2005, page 83) concerning HMRC v William Grant & Sons, Distillers. I am not sure that I can agree with your conclusion that the majority view of the Court of Session is in error.
It seems to me that the purpose of the add-back of depreciation is to establish the profit before any deduction for 'any sum employed or intended to be employed as capital in the trade' i.e. the 'consumption' of the fixed assets.
THE TAXPAYER IN the recent case of PM v UK ([2005] All ER (D) 255 (Jul)), is described as having 'lived in a stable relationship with Miss D' between 1987 and 1997. They were not married and in June 1991,
B E STUDIOS LTD (BES) was incorporated in June 1999 to specialise in the design, production and sale of software for computer games and other commercial uses. After starting on a relatively small scale it started to recruit staff and this process was complete by June 2000. In October 2000, the company retained chartered accountants, Smith & Williamson Ltd, (S & W) to provide tax, financial planning and accountancy advice.

