2009 (2) TMI 47 - HC - Income Tax

Whether Tribunal was right in law in holding that the assessee who is a doctor in medical profession was entitled to investment allowance under section 32A of the Income-tax Act 1961 on scanning machine held that purchase of a scanner machine at the hands of a doctor in the medical profession is entitled to be treated as plant for deduction of investment allowance under section 32A - reference is accordingly answered against the Revenue and in favour of the assessee

Summary

Issues:
Interpretation of eligibility for investment allowance under section 32A of the Income-tax Act, 1961 for doctors in the medical profession based on the purchase of specific equipment like scanning machines, X-ray machines, fans, stabilizers, ultra-sound machines, air-conditioners, and pathological test equipment.

Analysis:
The judgment addressed a reference from the Income-tax Appellate Tribunal regarding the entitlement of a doctor in the medical profession to investment allowance under section 32A of the Income-tax Act, 1961, for the purchase of a scanning machine. The court examined precedents from various High Courts to determine the eligibility criteria for investment allowance.

The Kerala High Court in Commissioner of Income-tax v. Upasana Hospital allowed a deduction for the purchase of X-ray plant and ECG equipment, establishing that doctors in the medical profession could claim investment allowance under section 32A of the Act for specific equipment purchases. Similarly, the Patna High Court in Commissioner of Income-tax v. Dr. L. C. Mitra permitted deduction for parts of an X-ray machine, affirming the eligibility of doctors for investment allowance.

The Gauhati High Court in Commissioner of Income-tax v. M. L. Agarwalla held that an assessee, including a doctor, could claim deduction for purchases like an ultra-sound machine, air-conditioner, and stabilizer under section 32A. The High Court of Andhra Pradesh in Commissioner of Income-tax v. Dr. S. Surender Reddy expanded this scope to include X-ray machines, fans, stabilizers, scanners, and equipment for pathological tests under investment allowance.

Moreover, the Gujarat High Court in Commissioner of Income-tax v. Nathubhai H. Patel allowed a deduction for air-conditioners and fans purchased by a professional doctor, emphasizing that such expenses fell within the purview of investment allowance under section 32A. Based on these precedents, the Punjab and Haryana High Court concluded that a scanner machine purchased by a doctor in the medical profession qualified as plant for investment allowance under section 32A, ruling in favor of the assessee and against the Revenue.

In essence, the judgment clarified that doctors in the medical profession could claim investment allowance under section 32A of the Income-tax Act, 1961, for specific equipment purchases like scanning machines, X-ray machines, ultra-sound machines, air-conditioners, fans, stabilizers, and equipment for pathological tests, aligning with previous decisions from different High Courts.