2007 (3) TMI 248 - SC - Income Tax

Whether the appellant-hospital is an industrial undertaking entitled to the benefit of deduction u/s 80 HH in order to constitute an industrial undertaking, be it u/s 32A or u/s 80HH, the important criteria to be applied by AO is to identify the Item in question, the process undertaken by it and the resultant output - in the present case there is no identification of the Items installed in the hospital by the Tribunal - not possible for this Court to express any opinion matter remanded

Summary

Issues:
Determining whether the appellant-hospital qualifies as an industrial undertaking for deduction under Section 80HH of the Income Tax Act for Assessment years 1994-95.

Analysis:
The appellant-hospital, operating a nursing home in Guwahati, claimed a deduction under Section 80HH for Assessment years 1994-95. The Assessing Officer initially disallowed the deduction, stating that the hospital was not an industrial undertaking. The Commissioner (Appeals), however, referred to judgments from Rajasthan and Kerala High Courts, which held that hospitals could be considered industrial undertakings for the purpose of the deduction. The Guwahati High Court's judgment in a similar case was also highlighted.

To qualify as an industrial undertaking under Section 80HH, it is crucial to identify the item in question, the process involved, and the resulting output. The court emphasized the importance of determining whether the items installed in the hospital could be considered as part of a manufacturing process. In this case, the lack of identification of the specific items by the Tribunal hindered the court's ability to ascertain the hospital's eligibility for the deduction under Section 80HH.

Consequently, the court set aside the Guwahati High Court's order and remitted the matter to the Tribunal for a fresh decision in accordance with the law. Despite the specific focus on Assessment years 1994-95, the judgment's implications were deemed significant for future assessment years concerning the appellant-hospital. As a result, the appeal was allowed with no costs imposed on either party.