- (1.) A short question which arises for determination in this civil appeal is whether the appellant -hospital is an industrial undertaking entitled to the benefit of deduction under Section of the Income Tax Act, 1961. In this appeal we are concerned with the assessment year 1994 -95.
(2.) THE appellant -assessee is a hospital having made investment in plant and machinery. It operates a nursing home in Guwahati. As stated above, the assessee claimed deduction under Section for the assessment year 1994 -95. Vide assessment order dated 5 -3 -1997, the assessing officer (assessing officer) held that the assessee was not an industrial undertaking, it was, therefore, not eligible for deduction and, consequently, the assessees claim for deduction stood disallowed. Aggrieved by the said order dated 5 -5 -1997, the matter was carried in appeal to the Commissioner (Appeals). Vide order dated 8 -5 -1998, the Commissioner (Appeals) held that in view of two decisions of two separate High Courts, namely, the Rajasthan High Court and the Kerala High Court the assessee -hospital was an industrial undertaking entitled to deduction under Section . The above two decisions are reported in : (1997) 225 ITR 178 (Raj) in the case of CIT v. : [1997]225ITR845(Ker) : (1997) 225 ITR 845 in the case of CIT v. Upasana Hospital.
(3.) OUR attention is also invited to the judgment of the Guwahati High Court in the case of CIT v. : (2004) 267 ITR 439.;