| Case ID |
1ab7cc0f-9f2e-41e9-94d8-ac955936e757 |
| Body |
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| Case Number |
IT REFERENCE No. 298 OF 1994 |
| Decision Date |
Nov 24, 2005 |
| Hearing Date |
|
| Decision |
The Tribunal upheld the findings of the Commissioner (Appeals) stating that the cost of construction as shown by the assessee was fair and reasonable. The Assessing Officer's addition was deleted as there was no evidence brought forth by the revenue to dislodge the concurrent findings of the appellate authorities. Furthermore, the Tribunal recognized that the heart monitoring machine and treadmill machine installed in the hospital qualified for investment allowance under section 32A, as they were utilized in a manner that produced articles (ECG paper) during the treatment of patients. The court emphasized that the nature of the operations conducted in the intensive coronary care unit constituted an industrial undertaking eligible for tax benefits. |
| Summary |
The case involves the assessment of a leading cardiologist's tax claims concerning the cost of construction for a heart hospital and the eligibility for investment allowance for medical equipment. The court ruled in favor of the cardiologist, asserting the reasonableness of his reported construction costs and the eligibility of the heart monitoring and treadmill machines for investment allowances under the Income-tax Act. This decision is significant for medical professionals seeking tax benefits for equipment used in patient care, highlighting the intersection between healthcare services and taxation. The case references established precedents and clarifies the definitions of production within the context of medical services. |
| Court |
Gujarat High Court
|
| Entities Involved |
Not available
|
| Judges |
D.A. Mehta,
Ms. H.N. Devani
|
| Lawyers |
Manish R. Bhatt,
Mrs. M.M. Bhatt
|
| Petitioners |
Commissioner of Income tax
|
| Respondents |
Nathubhai H. Patel
|
| Citations |
2006 SLD 3774 = (2006) 285 ITR 67
|
| Other Citations |
Natvarlal Ambalal Dave v. CIT [1997] 225 ITR 936,
CIT v. Dr. S. Surender Reddy [2000] 243 ITR 110
|
| Laws Involved |
Income-tax Act, 1961
|
| Sections |
69,
32A
|