Law:

Section:

Section 32A of the Income-tax Act, 1961 - Investment allowance - Assessee, a doctor in medical profession, purchased a scanner machine - Whether assessee was entitled to investment allowance under section 32A on scanning machine - Held, yes Case review: CIT v. Upasana Hospital [1997] 225 ITR 845 /[1996] 89 Taxman 525 (Ker.), CIT v. Dr. L.C. Mitra [1998] 234 ITR 805 / 96 Taxman 568 (Pat.), CIT v. M.L. Agarwalla [1999] 238 ITR 603 (Gauhati) and CIT v. Dr. S. Surender Reddy [2000] 243 ITR 110/[2002] 123 Taxman 166(AP), followed. Cases Referred to : CIT v. Upasana Hospital [1997] 225 ITR 845 /[1996] 89 Taxman 525 (Ker.) (Para 2), CIT v.Dr. L.C. Mitra [1998] 234 ITR 805 / 96 Taxman 568 (Pat.) (Para 3), CIT v. M.L. Agarwalla[1999] 238 ITR 603 (Gauhati) (Para 4), CIT v. Dr. S. Surender Reddy [2000] 243 ITR 110/[2002] 123 Taxman 166 (AP) (Para 5) and CIT v. Nathubhai H. Patel [2006] 285 ITR 67 /154 Taxman 117 (Guj.) (Para 6) Vivek Sethi for the Petitioner. ORDER J.S. Khehar, J. : In the present reference addressed to this Court by the Income Tax Appellate Tribunal (Amritsar Bench), an answer has been sought to the following proposition of law :- "Whether on the facts and in the circumstances of the case, the Income-tax Appellate 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?" Learned counsel for the Revenue has invited this Court's attention to the decisions rendered by different High Courts dealing with the proposition referred for adjudication. 2. Reference in this behalf was first of all made to the decision rendered by the Kerala High Court in CIT v. Upasana Hospital [1997] 225 ITR 845 1. It was pointed out that the Investment Allowance claimed in the afore-stated case, was on account of purchase of X-ray Plant and ECG equipment. In Upasana Hospital's case (supra), the Court arrived at the conclusion that a doctor in the medical profession was entitled to seek a deduction for the purchase of aforesaid equipment as Investment Allowance under section 32A of the Income-tax Act, 1961 (hereinafter referred to as "the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492