Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2002 (10) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2002 (10) TMI 82 - KERALA HIGH COURTThis appeal filed by the Department is against the order of the Tribunal cancelling the order issued by the Commissioner of Income-tax (Appeals) under section 263 of the Income-tax Act, 1961, disallowing depreciation at the rate applicable to "plant" on the nursing home of the assessee. The Tribunal following the Full Bench decision of this court in CIT v. Hotel Luciya, and that of the Supreme Court in CIT v. Dr. B. Venkata Rao, held that the assessee is entitled to depreciation on the hospital building at the rate applicable to "plant", and reversed the order of the Commissioner issued under section 263 of the Act. - We, set aside the order of the Tribunal and since the findings on facts are required we remand the matter to the officer for deciding the matter afresh after calling for details from the assessee and the officer will decide the matter in the light of the decisions above referred to and our above observations and grant depreciation at the rate applicable to plant only to so much of the area qualifying as "plant".
|