1997 (5) TMI 15 - HC - Income Tax

Summary

The High Court of Patna ruled in favor of the assessee, a doctor claiming investment allowance for additions made to X-ray machines and E.C.G. plants. The court held that the assessee was entitled to claim investment allowance on the parts of the machines as they could be considered as plant under section 32A of the Income-tax Act. The Department's argument that the assessee did not qualify as a small scale industrial undertaking was not considered as it was not raised before the lower authorities. The court upheld the Tribunal's decision and ruled in favor of the assessee.