9911796707
TMI Blog2000 (12) TMI 236X X X X Extracts X X X X X X X X Extracts X X X X ..... . 1451/Jp/93 for asst. yr. 1987-88 and, therefore, requested that the same may be allowed to be withdrawn. Accordingly, the same is dismissed as withdrawn. 3. The only ground taken by the Revenue in its appeal being ITA No. 1763/Jp/93 read as under: "On the facts and in the circumstances of the case, the learned CIT(A) has erred in directing to allow deductions under s. 80HH and 80-I by holding that the assessee is industrial undertaking, engaged in manufacturing or producing of goods and articles, ignoring the fact that the assessee is a hospital, deriving income from medical-practice, and does not qualify the tests laid down under ss. 80HH and 80-I inasmuch as, it is not engaged in the manufacturing or producing of goods and articles ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the same should be restricted to 20 per cent of the income attributable to the relevant/corresponding activities only. 6. The learned counsel for the assessee, on the other hand, submitted that the AO in this case disallowed the deduction under s. 80HH and 80-I to the assessee only on the basis that the assessee was not engaged in manufacturing or producing of articles or things. He further submitted that this issue is settled now by the decision of Hon'ble High Court of Rajasthan in assessee's own case for asst. yr. 1986-87 involving the issue of investment allowance under s. 32A, the provisions of which are similar to ss. 80HH and 80-I. He also placed on record a copy of the said decision of Hon'ble Jurisdictional High Court at page No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... machinery and equipment installed therein can be regarded as used for the purpose of business of manufacturing or production of articles or things. From the said decision of Hon'ble jurisdictional High Court, it is evident that both the basis given by the AO in support of disallowance of assessee's claim for deduction under ss. 80HH and 80-I do not survive now and the resultant position that clearly emerges is that the assessee's unit/nursing home is regarded as an industrial undertaking engaged in the manufacturing or processing of articles or things; thus making it is entitled for deduction under ss. 80HH and 80-I. As such, considering all the facts of the case and following the aforesaid decision of Hon'ble jurisdictional High Court in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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