CIT v. Down Town Hospital (P) Ltd.

267 ITR 439High Court2004#6042 most cited

What is CIT v. Down Town Hospital (P) Ltd. authority for?

The case supports the assessee's claim regarding the receipt of funds from different persons when adequate explanations are provided. It also touches upon the allowability of depreciation on certain equipment necessary for production.

19

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2011 to 2025.

Also referred to as

CIT v. Down Town Hospital (P) Ltd. · 267 ITR 439 · section 142(1) · section 143(2) · section 28 · section 43(5) · section 68 · cash credits · unexplained money · explanation of funds · depreciation · necessary equipment

Sections most often in play

Section 1961Section 142(1) of the Income Tax ActSection 143(2) of the Income Tax ActSection 28 of the Income Tax ActSection 43(5) of the Income Tax ActSection 68 of the Income Tax Act

Judgments citing CIT v. Down Town Hospital (P) Ltd.

KALPANA MISHRA,BHUBANESWAR vs. ITO, WARD 5(4), BHUBANESWAR, BHUBANESWAR

In the result, appeal of the assessee is partly allowed for statistical purposes

ITA 491/CTK/2024[2016-17]Status: DisposedITAT Cuttack28 Jan 2025AY 2016-17

Bench: Shri George Mathan & Shri Manish Agarwalआयकर अपील संसंसंसं/Ita No.491/Ctk/2024 (िनधा"रण िनधा"रण िनधा"रण वष" िनधा"रण वष" वष" / Assessment Year : 2016-2017) वष" Kalpana Mishra, Vs Ito Ward-5(4), Bhubaneswar Plot No.B-87/A, Chandaka Industrial Estate, Patia, Bhubaneswar-751024 Pan No. :Alfpm 2864 E (अपीलाथ" अपीलाथ" अपीलाथ" /Appellant) अपीलाथ" (""यथ" ""यथ" ""यथ" / Respondent) ""यथ" .. िनधा"रती िनधा"रती क" िनधा"रती िनधा"रती क" क" ओर क" ओर ओर सेसेसेसे /Assessee By ओर : Shri B.R.Pattnaik, Ca राज"व राज"व क" राज"व राज"व क" क" ओर क" ओर ओर सेसेसेसे /Revenue By ओर : Shri S.C.Mohanty, Sr. Dr सुनवाई क" तारीख / Date Of Hearing : 28/01/2025 घोषणा क" तारीख/Date Of Pronouncement : 28/01/2025 आदेश आदेश / O R D E R आदेश आदेश Per Bench : This Is An Appeal Filed By The Assessee Against The Order Dated 07.03.2024, Passed By The Cit(A), National Faceless Appeal Centre (Nfac), Delhi In Din & Order No.Itba/Nfac/S/250/2023- 24/1062168195(1) For The Assessment Year 2016-2017, On The Following Grounds :- 1. Hon'Ble Cit(Appeals), Nfac Has Erred In Law & On Facts In Confirming The Action Of The Learned Ao Even Though The Learned Ao Has Exceeded His Jurisdiction In A Limited Scrutiny Case Selected Under Cass Only To Examine Whether The Investment & Income Relating To Securities Transactions Are Duly Disclosed Or Not & Added A Sum Of Rs.44,00,000.00 U/S 68 Of The Income Tax Act, 1961, Without Obtaining Prior Administrative Approval Of The Concerned Pr. Cit/Cit As Prescribed In Circular F. No. 225/402/2018/Ita.Ii, Dated 28- 11-2018 & Instruction No.5/2016 [F.No.225/269/2015-

Section 68

…pt of funds from different persons. A copy of that letter is attached herewith as Annexure-18; P:62-65. The appellant, in support of its submission not to make any addition, has also cited the following case laws: a) Down Town Hospital Private Limited (2004) 267 ITR 439 (Gau) b) CIT vs. Jay Deep Securities and Finance Limited (2013) 350 ITR 220 (Ali) c) CIT vs. Nipuan Auto Private Limited (2014) 361 ITR 155 (Del). d) CIT vs. Orbital Communication Private Limited (2010) 327 ITR 566 (Del) e) CIT vs. Haresh D. Mehta (2017) 86 Taxmann.com 22 (Bombay). f) Nemi Chand Kothari vs. CIT (2003) 264 ITR 254 (GAU) g) Orient…

D.C.I.T., CENTRAL CIRCLE - 1(4), KOLKATA, KOLKATA vs. M/S. WISE INVESTMENT PVT. LTD., KOLKATA

In the result, appeal of the revenue is dismissed

ITA 163/KOL/2023[2012-2013]Status: DisposedITAT Kolkata09 Nov 2023AY 2012-2013

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 163/Kol/2023 Assessment Year: 2012-13 D.C.I.T. Central Circle – 1(4), Kolkata M/S. Wise Investment Pvt. Ltd. Vs 3Rd Floor 5, Govind Chand Dhar Lane Kolkata - 700001 [Pan: Aaacw3141R] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Manish Tiwari, Fca Revenue By : Shri Abhijit Kundu, Cit D/R सुनवाई क" तारीख/Date Of Hearing : 26/09/2023 घोषणा क" तारीख /Date Of Pronouncement: 09/11/2023 आदेश/O R D E R Per Dr. Manish Borad: The Above Captioned Appeal Is Directed At The Instance Of The Revenue Against The Order Of The Learned Commissioner Of Income Tax, Appeals -21, Kolkata, (Hereinafter The “Ld. Cit(A)”) Dt. 26/12/2022, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2012-13. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1. Whether On The Facts & Circumstances Of The Case Ld. Cit (A) Is Justified In Deleting Addition Made U/S. 68 Of Rs.32,50,00,000/- Ignoring The Remand Report Dated 20.07.2022 Wherein The Report Categorically Stated That The Share Applicant Company Has No Creditworthiness To Invest In The Assesses Company. 2. Whether On The Facts & Circumstances Of The Case Ld. Cit (A) Was Erroneous As It Had Not Taken Cognizance Of The Fact That The 2

For Appellant: Shri Manish Tiwari, FCAFor Respondent: Shri Abhijit Kundu, CIT D/R
Section 131Section 142(1)Section 143(2)Section 250Section 68

…) 333 ITR 119 (Del.)  CIT vs. Lovely Exports Ltd. (2008) 216 CTR 195 (SC)  CIT vs. Dolfin Canpack Ltd. 283 ITR 190 (Delhi)  DCIT vs. Rohini Builders (127 Taxman 523)  Sri Barkha Synthetics Ltd. vs. CIT 283 ITR 377 (Raj.)  CIT vs. Down Town Hospitals Ltd. 267 ITR 439 (Gau)  Sophia Finance Ltd. 205 ITR 98 (Delhi) Full Bench  ITO vs. Neelkanth Finbuild Ltd. (2015) 61 taxmann.com 132  CIT vs. Orissa Corporation (P) Ltd. [159 ITR 78 (SC)]  Balurghat Transport co. vs. ACIT 63 TTJ 303 (Cal ITAT).  ITO vs. Chichinga Fatika Cold Storage Pvt. Ltd. in ITA No. 1279/Kol/2008; Assessment Year 2005-06  Midas Golden D…

M/S SILVERTOSS REALTORS PVT. LTD.,KOLKATA vs. I.T.O.,WARD-9(4), KOLKATA

In the result, the appeal filed by the assessee is allowed

ITA 2282/KOL/2019[2012-13]Status: DisposedITAT Kolkata28 Nov 2022AY 2012-13

Bench: Sri Sanjay Garg & Dr. Manish Borad

Section 131Section 133(6)Section 143(2)Section 143(3)Section 250Section 68

…a Towers in I.T.A No: 1381/kol/2015 3. CP Re-Rollers Vs. DCIT in I.T.A No: 1811/kol/2017 Page 5 of 19 I.T.A. No.: 2282/Kol/2019 Assessment Year: 2012-13 M/s. Silvertoss Realtors Pvt. Ltd. 4. Lovely Exports 216 CTR 195 5. CIT vs. Down Town Hospitals Pvt. Ltd. 267 ITR 439 (Gauhati) 6. CIT vs. Gagandeep Infrastructure (P) Ltd. 80 taxmann.com 272 (Bombay) 7. Crystal Networks (P.) Ltd. vs. CIT [2013] 353 ITR 171 (Calcutta) 8. CIT vs. Orissa Corporation (P) Ltd. 159 ITR 78” 8. On the other hand, ld. D/R vehemently argued supporting the order of ld. CIT(A). 9. We have heard rival contentions and perused the records pla…

UMESH SHETTY,MUMBAI vs. ITO 25 (1)(5), MUMBAI

In the result, this appeal by the assessee stands dismissed

ITA 6895/MUM/2019[2008-09]Status: DisposedITAT Mumbai09 Dec 2021AY 2008-09

Bench: Shri Shamim Yahya

Section 144Section 68

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” Bench, Mumbai Before Shri Shamim Yahya, Accountant Member I.T.A. No. 6895/Mum/2019 (Assessment Year 2008-09) Vs. ITO-25(1)(5) Umesh Shetty F.No.1301, Shree Sumukh Room No.229, 2nd Floor Heights, Anand Nagar, Kautilya Bhavan, BKC, Oshiwara, Jogishwari(W), Bandra(E) Mumbai-400 102 Mumbai-400 051 PAN : ALTPS6390M (Appellant) (Respondent) Assessee by None Department by Ms. Smita Verma Date of Hearing 12.10.2021 Date of Pronouncement 09 .12.2021 O R D E R Per Shri Shamim Yahya (AM) :- This appeal by the assessee is directed against the order of learned Commissioner…

ASIAN OILFIELD SERVICE LTD.,,BARODA vs. THE DY.CIT.,CIRCLE-1(1),, BARODA

In the result, appeal of the assessee for the A

ITA 144/AHD/2013[2009-10]Status: DisposedITAT Ahmedabad17 Feb 2021AY 2009-10

Bench: Shri C.N. Prasad, Hon'Ble & Shri N.K. Pradhan, Hon'Ble&

For Appellant: Shri Dharmesh ShahFor Respondent: Shri Brajendra Kumar
Section 143(3)

…tric fans, scanner and air-conditioner used to keep the analytical systems, as they are necessary for purposes of production of an article or a thing." 34. Similar view has been expressed by the Gauhati High Court in CIT v. Down Town Hospital (P.) Ltd. [2004] 267 ITR 439/139 25 ITA.No. 144/AHD/2013 (A.Y: 2009-10) Asian Oilfield Services Limited Taxman 247, Kerala High Court in CIT v, Upasana Hospital [1997] 225 ITR 845/12 996] 89 Taxman 525. The issue, which we are concerned with, is a fiscal issue which is concerned with a central statute. It is desirable that in such a matter there should be uniformity of the…

ASIAN OILFIELD SERVICES LTD.,,BARODA vs. THE DY.CIT.,CIRCLE-1(1),, BARODA

In the result, appeal of the assessee for the A

ITA 1266/AHD/2012[2008-09]Status: DisposedITAT Ahmedabad17 Feb 2021AY 2008-09

Bench: Shri C.N. Prasad, Hon'Ble & Shri N.K. Pradhan, Hon'Ble&

For Appellant: Shri Dharmesh ShahFor Respondent: Shri Brajendra Kumar
Section 143(3)

…tric fans, scanner and air-conditioner used to keep the analytical systems, as they are necessary for purposes of production of an article or a thing." 34. Similar view has been expressed by the Gauhati High Court in CIT v. Down Town Hospital (P.) Ltd. [2004] 267 ITR 439/139 25 ITA.No. 144/AHD/2013 (A.Y: 2009-10) Asian Oilfield Services Limited Taxman 247, Kerala High Court in CIT v, Upasana Hospital [1997] 225 ITR 845/12 996] 89 Taxman 525. The issue, which we are concerned with, is a fiscal issue which is concerned with a central statute. It is desirable that in such a matter there should be uniformity of the…

HLS ASIA LTD.,NEW DELHI vs. DCIT, NEW DELHI

ITA 4144/DEL/2014[2007-08]Status: DisposedITAT Delhi24 Feb 2020AY 2007-08

Bench: Shri N.K. Billaiya & Shri Kuldip Singh

For Appellant: Shri Sanjay Malik, AdvocateFor Respondent: Shri Saras Kumar, Senior DR
Section 80

…electric fans, scanner and air- conditioner used to keep the analytical systems, as they are necessary for purposes of production of an article or a thing.” 34. Similar view has been expressed by the Gujarat High Court in CIT Vs. Down Town Hospital (P) Ltd. [267 ITR 439 (guj)]; Karnataka High Court in CIT Vs. Upasana Hospital [225 ITR 845 (kar)]. The issue, which we are concerned with, is a fiscal issue which is concerned with a central statute. It is desirable that in such a matter there should be uniformity of the judicial opinion. Even on merits, the analogy has some substance. We, therefore, in the light of…

DCIT, NEW DELHI vs. M/S. HLS ASIA LTD., NEW DELHI

ITA 2241/DEL/2014[2008-09]Status: DisposedITAT Delhi24 Feb 2020AY 2008-09

Bench: Shri N.K. Billaiya & Shri Kuldip Singh

For Appellant: Shri Sanjay Malik, AdvocateFor Respondent: Shri Saras Kumar, Senior DR
Section 80

…electric fans, scanner and air- conditioner used to keep the analytical systems, as they are necessary for purposes of production of an article or a thing.” 34. Similar view has been expressed by the Gujarat High Court in CIT Vs. Down Town Hospital (P) Ltd. [267 ITR 439 (guj)]; Karnataka High Court in CIT Vs. Upasana Hospital [225 ITR 845 (kar)]. The issue, which we are concerned with, is a fiscal issue which is concerned with a central statute. It is desirable that in such a matter there should be uniformity of the judicial opinion. Even on merits, the analogy has some substance. We, therefore, in the light of…

M/S. HLS ASIA LTD.,NEW DELHI vs. ACIT, NEW DELHI

ITA 2208/DEL/2014[2008-09]Status: DisposedITAT Delhi24 Feb 2020AY 2008-09

Bench: Shri N.K. Billaiya & Shri Kuldip Singh

For Appellant: Shri Sanjay Malik, AdvocateFor Respondent: Shri Saras Kumar, Senior DR
Section 80

…electric fans, scanner and air- conditioner used to keep the analytical systems, as they are necessary for purposes of production of an article or a thing.” 34. Similar view has been expressed by the Gujarat High Court in CIT Vs. Down Town Hospital (P) Ltd. [267 ITR 439 (guj)]; Karnataka High Court in CIT Vs. Upasana Hospital [225 ITR 845 (kar)]. The issue, which we are concerned with, is a fiscal issue which is concerned with a central statute. It is desirable that in such a matter there should be uniformity of the judicial opinion. Even on merits, the analogy has some substance. We, therefore, in the light of…

HLS ASIA LTD.,NEW DELHI vs. CIT- IV, NEW DELHI

ITA 5511/DEL/2012[2007-08]Status: DisposedITAT Delhi24 Feb 2020AY 2007-08

Bench: Shri N.K. Billaiya & Shri Kuldip Singh

For Appellant: Shri Sanjay Malik, AdvocateFor Respondent: Shri Saras Kumar, Senior DR
Section 80

…electric fans, scanner and air- conditioner used to keep the analytical systems, as they are necessary for purposes of production of an article or a thing.” 34. Similar view has been expressed by the Gujarat High Court in CIT Vs. Down Town Hospital (P) Ltd. [267 ITR 439 (guj)]; Karnataka High Court in CIT Vs. Upasana Hospital [225 ITR 845 (kar)]. The issue, which we are concerned with, is a fiscal issue which is concerned with a central statute. It is desirable that in such a matter there should be uniformity of the judicial opinion. Even on merits, the analogy has some substance. We, therefore, in the light of…

HLS ASIA LTD.,,NEW DELHI vs. CIT, NEW DELHI

ITA 3708/DEL/2012[2006-07]Status: DisposedITAT Delhi24 Feb 2020AY 2006-07

Bench: Shri N.K. Billaiya & Shri Kuldip Singh

For Appellant: Shri Sanjay Malik, AdvocateFor Respondent: Shri Saras Kumar, Senior DR
Section 80

…electric fans, scanner and air- conditioner used to keep the analytical systems, as they are necessary for purposes of production of an article or a thing.” 34. Similar view has been expressed by the Gujarat High Court in CIT Vs. Down Town Hospital (P) Ltd. [267 ITR 439 (guj)]; Karnataka High Court in CIT Vs. Upasana Hospital [225 ITR 845 (kar)]. The issue, which we are concerned with, is a fiscal issue which is concerned with a central statute. It is desirable that in such a matter there should be uniformity of the judicial opinion. Even on merits, the analogy has some substance. We, therefore, in the light of…

DCIT, NEW DELHI vs. M/S. HLS ASIA LTD., NEW DELHI

ITA 323/DEL/2012[2005-06]Status: DisposedITAT Delhi24 Feb 2020AY 2005-06

Bench: Shri N.K. Billaiya & Shri Kuldip Singh

For Appellant: Shri Sanjay Malik, AdvocateFor Respondent: Shri Saras Kumar, Senior DR
Section 80

…electric fans, scanner and air- conditioner used to keep the analytical systems, as they are necessary for purposes of production of an article or a thing.” 34. Similar view has been expressed by the Gujarat High Court in CIT Vs. Down Town Hospital (P) Ltd. [267 ITR 439 (guj)]; Karnataka High Court in CIT Vs. Upasana Hospital [225 ITR 845 (kar)]. The issue, which we are concerned with, is a fiscal issue which is concerned with a central statute. It is desirable that in such a matter there should be uniformity of the judicial opinion. Even on merits, the analogy has some substance. We, therefore, in the light of…

ACIT, NEW DELHI vs. M/S. HLS ASIA LTD., NEW DELHI

ITA 5855/DEL/2011[2006-07]Status: DisposedITAT Delhi24 Feb 2020AY 2006-07

Bench: Shri N.K. Billaiya & Shri Kuldip Singh

For Appellant: Shri Sanjay Malik, AdvocateFor Respondent: Shri Saras Kumar, Senior DR
Section 80

…electric fans, scanner and air- conditioner used to keep the analytical systems, as they are necessary for purposes of production of an article or a thing.” 34. Similar view has been expressed by the Gujarat High Court in CIT Vs. Down Town Hospital (P) Ltd. [267 ITR 439 (guj)]; Karnataka High Court in CIT Vs. Upasana Hospital [225 ITR 845 (kar)]. The issue, which we are concerned with, is a fiscal issue which is concerned with a central statute. It is desirable that in such a matter there should be uniformity of the judicial opinion. Even on merits, the analogy has some substance. We, therefore, in the light of…

OIL FIELD INSTRUMENTATION (INDIA) PVT. LTD.,MUMBAI vs. ADDL. CIT RG. 1(2) & CIT (OSD), MUMBAI

In the result, appeal filed by the assessee is allowed for

ITA 6661/MUM/2017[2012-13]Status: DisposedITAT Mumbai31 Jul 2019AY 2012-13

Bench: Shri G. Manjunatha & Shri Ram Lal Negim/S. Oil Field Instrumentation Vs. Add.Cit Rg.1(2) & (India) Pvt.Ltd. Cit(Osd) 3Rd Floor, Liberty Building 5Th Floor, Aaykar Bhawan Sir Vithaldas Thackersey Marg M.K.Road New Marine Lines Mumbai-400 020 Mumbai-400 020 Pan/Gir No.Aaaco4870H Appellant) .. Respondent)

Section 143(3)Section 32(1)(iia)

…ndia have held that X-Ray machine is qualified for investment allowance under section The Hon'ble Delhi High Court relied upon the case of CIT v. Dr. S. Surender Reddy [2000] 243 ITR 110 (AP)(HC),Gauhati High Court in UT v. Down Town Hospital (P.) Ltd. [2004] 267 ITR 439 and Kerala High Court in CIT v. Upasana Hospital [19971 225 ITR 845. Considering these Judgements, the Hon'ble Court held that 'The issue, which we are concerned with, is a fiscal issue which is concerned with a central statute. It is desirable that in such a matter there should be uniformity of the judicial opinion. Even on merits, the analogy h…

ITO, NEW DELHI vs. M/S BLISSWOOD GREEN INFRASTRUCTURE AND DEVELOPERS PVT. LTD.,, NEW DELHI

In the result, the appeal is dismissed

ITA 5120/DEL/2016[2012-13]Status: DisposedITAT Delhi15 Feb 2019AY 2012-13

Bench: : Shri Bhavnesh Saini & Shri L.P. Sahuassessment Year: 2012-13

Section 133(6)Section 68

…taxmann.com 96 (Hyderabad - (xiii) Trib.) CIT v. Peoples General Hospital Ltd. [2013] 35 taxmann.com 444 (Madhya (xiv) Pradesh) CIT v. Peoples General Hospital Ltd. [2013] 35 taxmann.com 444 (Madhya (xv) Pradesh) CIT vs Down Town Hospitals (P) Ltd. (2004) 267 ITR 439 (Gau) (xvi) CIT vs Creative World Telefilms Ltd. (2011) 333 ITR 100 (Bom.) (xvii) 15. As far as the contention of the Assessing Officer, which have been supported by ld. DR, regarding non-production of directors is concerned, we find substantial force in the contention of the assessee on this score that the assessee could at the most request th…

OIL FIELD INSTRUMENTATION (INDIA) PVT. LTD.,MUMBAI vs. ADDL. CIT RG. 1(2) & CIT (OSD), MUMBAI

ITA 2233/MUM/2016[2011-12]Status: DisposedITAT Mumbai28 Feb 2018AY 2011-12

Bench: Shrir. C. Sharma, Am & Shri Sandeep Gosain, Jm आयकरअपीलसं./ I.T.A. No. 2233/Mum/2016 (निर्धारणवर्ा / Assessment Year:2011-12)

For Appellant: Sh. M. C. OmiFor Respondent: Dr. K. Shivaram & Shri
Section 143(3)Section 14ASection 32(1)Section 32(1)(iia)Section 40A(2)

…ndia have held that X-Ray machine is qualified for investment allowance under section The Hon'ble Delhi High Court relied upon the case of CIT v. Dr. S. Surender Reddy [2000] 243 ITR 110 (AP)(HC),Gauhati High Court in UT v. Down Town Hospital (P.) Ltd. [2004] 267 ITR 439 and Kerala High Court in CIT v. Upasana Hospital [19971 225 ITR 845. Considering these Judgements, the Hon'ble Court held that 'The issue, which we are concerned with, is a fiscal issue which is concerned with a central statute. It is desirable that in such a matter there should be uniformity of the judicial opinion. Even on merits, the analogy h…

COMMISSIONER OF INCOME TAX vs. M/S HLS INDIA LTD.

The appeals are dismissed

ITA/194/2005HC Delhi11 May 2011

Bench: Coming To These Legal Issues It Would Be Pertinent, In The Light Of Facts & Circumstances Of These Cases, First Of All To Succinctly Narrate The Genesis Of Instant Prolonged Tax Dispute Between The Revenue & The Assessee.

Section 260Section 32Section 32ASection 80

…ic fans, scanner and air- conditioner used to keep the analytical systems, as they are necessary for purposes of production of an article or a thing.‖ 34. Similar view has been expressed by the Gujarat High Court in CIT Vs. Down Town Hospital (P) Ltd. [267 ITR 439 (guj)]; Karnataka High Court in CIT Vs. Upasana Hospital [225 ITR 845 (kar)]. The issue, which we are concerned with, is a fiscal issue which is concerned with a central statute. It is desirable that in such a matter there should be uniformity of the judicial opinion. Even on merits, the analogy has some substance. We, therefore, in the li…

COMMISSIONER OF INCOME TAX vs. HLS ASIA LIMITED

The appeals are dismissed

ITA/296/2010HC Delhi11 May 2011

Bench: HON'BLE MR. JUSTICE A.K.SIKRI,HON'BLE MR. JUSTICE M.L. MEHTA

Section 260Section 32Section 32ASection 80

…ic fans, scanner and air- conditioner used to keep the analytical systems, as they are necessary for purposes of production of an article or a thing." 34. Similar view has been expressed by the Gujarat High Court in CIT Vs. Down' Town Hospital (P) Ltd. [267 ITR 439 (guj)]; Karnataka High Court in CIT Vs. Upasana Hospital [225 ITR 845 (kar)]. The issue, which we are concerned with, is a fiscal issue which is concerned with a central statute. It is desirable that in such a matter there should be uniformity of the judicial opinion. Even on merits, the analogy has some substance. We, therefore, in the lig…

COMMISSIONER OF INCOME TAX vs. M/S HLS INDIA LTD.

The appeals are dismissed

ITA - 194 / 2005HC Delhi11 May 2011

Bench: Coming To These Legal Issues It Would Be Pertinent, In The Light Of Facts & Circumstances Of These Cases, First Of All To Succinctly Narrate The Genesis Of Instant Prolonged Tax Dispute Between The Revenue & The Assessee.

Section 260Section 32Section 32ASection 80

…ic fans, scanner and air- conditioner used to keep the analytical systems, as they are necessary for purposes of production of an article or a thing.‖ 34. Similar view has been expressed by the Gujarat High Court in CIT Vs. Down Town Hospital (P) Ltd. [267 ITR 439 (guj)]; Karnataka High Court in CIT Vs. Upasana Hospital [225 ITR 845 (kar)]. The issue, which we are concerned with, is a fiscal issue which is concerned with a central statute. It is desirable that in such a matter there should be uniformity of the judicial opinion. Even on merits, the analogy has some substance. We, therefore, in the li…

CIT v. Down Town Hospital (P) Ltd. (267 ITR 439) — Cited in 19 Judgments | BharatTax