2005 (11) TMI 49 - HC - Income Tax

In respect of additional depreciation on air-conditioners and fans Held that, other electrical items such as stabilizer, electric fans, scanner and air-conditioners used to keep analytical systems at a particular temperature were necessary for the purposes of production of article or thing and, hence, would qualify for allowance. - Tribunal is right in deleting the addition made by the Income-tax Officer on account of cost of construction of the building - Tribunal is right in law and on facts in holding that the running of heart hospital and the intensive coronary care unit is an independent business activity different from professional service rendered as physician by the assessee - Tribunal is right in holding that the intensive coronary care unit is a SSI undertaking within the meaning of section 32A, and directing the Income-tax Officer to allow investment allowance on the heart monitoring machine and treadmill machine in the hospital

Summary

Issues:
1. Addition of cost of construction of a building for assessment year 1982-83.
2. Eligibility for investment allowance on heart monitoring machine and treadmill machine.
3. Allowance of additional depreciation on air-conditioners and fans.

Analysis:

Issue 1:
The Assessing Officer challenged the cost of construction of a building by an individual, a leading cardiologist, for assessment year 1982-83. The officer estimated the cost higher than what was declared by the assessee, resulting in an addition of Rs. 1,33,000 as concealed income. The Commissioner of Income-tax (Appeals) and the Tribunal both found the declared cost to be fair and reasonable after evaluating the evidence. The Tribunal's decision to delete the addition was upheld as no evidence was presented by the Revenue to counter the findings. Therefore, the addition was deemed unjustified, and the decision favored the assessee.

Issue 2:
Regarding the eligibility for investment allowance on heart monitoring and treadmill machines, the Revenue contended that as the assessee was a cardiologist using these machines for professional activities, not for production, the claim was invalid. The Tribunal, after considering the functional aspects of the machines and the treatment provided, deemed the intensive coronary unit as an industrial undertaking producing articles or things. The functional data recorded on ECG paper by the machines was considered as production falling under section 32A of the Act. Drawing parallels with a previous court decision, the processed paper output was seen as a distinct commodity, satisfying the conditions for investment allowance. Therefore, the Tribunal's decision to allow the investment allowance was upheld in favor of the assessee.

Issue 3:
The question of allowing additional depreciation on air-conditioners and fans was also addressed. The court found that these items, similar to the machines in question, were necessary for the production of articles or things. Citing a decision from the Andhra Pradesh High Court, it was concluded that such electrical items qualified for the allowance. Therefore, the decision favored the assessee for both assessment years in relation to additional depreciation on air-conditioners and fans.

In conclusion, the judgment ruled in favor of the assessee on all issues, affirming the Tribunal's decisions and dismissing the Revenue's appeals.