2003 (12) TMI 29 - HC - Income Tax

Claim of investment allowance on medical equipment, air-conditioner, lifts, office equipment, etc. - addition made under section 68, in respect of certain amounts received as share application money from different persons - 1. Whether, Tribunal was correct in law in not upholding the order of the first appellate authority which had confirmed the Assessing Officer s order disallowing the claim of investment allowance under section 32A, as the nursing home/hospital of the assessee is not an industrial undertaking? Held no - 2. Whether, deletion of the addition made under section 68 is justified? Held yes

Summary

Issues:
1. Claim of investment allowance under section 32A of the Income-tax Act, 1961 for a nursing home/hospital.
2. Deletion of addition made under section 68 of the Income-tax Act, 1961, in relation to share application money.

Analysis:

Issue 1: Claim of Investment Allowance
The case involved the claim of investment allowance by a nursing home under section 32A of the Income-tax Act, 1961. The Assessing Officer had disallowed the claim, stating that the nursing home did not qualify as an industrial undertaking. However, the Tribunal allowed the appeal, affirming the assessee's claim. The court referred to previous cases where investment allowance was permitted for medical equipment, air-conditioners, and other items used for diagnostic purposes. It highlighted the importance of uniformity in decisions and cited judgments from various High Courts to support the allowance of investment in such cases. The court disagreed with a Bombay High Court judgment and upheld the Tribunal's decision to allow the investment allowance for the acquisition of medical equipment and other related items.

Issue 2: Deletion of Addition under Section 68
The second issue pertained to the deletion of an addition made under section 68 of the Income-tax Act concerning certain amounts received as share application money. The Tribunal found that the assessee had provided details regarding the sources of funds of the parties and their income tax file numbers to the Assessing Officer. Confirmations from creditors with full addresses and income tax details were also submitted, with some payments made by cheques. Relying on the decision in Stellar Investment Ltd., the Tribunal concluded that no addition under section 68 was warranted when shareholders were identified, and it was established that they had indeed invested the money. The court upheld the Tribunal's decision, stating that the assessee had fulfilled its burden, and there was no need for reevaluation of the evidence. The court concurred with the Tribunal's decision to delete the sum added by the Assessing Officer, ruling in favor of the assessee.

In conclusion, the court ruled in favor of the assessee on both issues, allowing the investment allowance for medical equipment and upholding the deletion of the addition made under section 68.