2014 (2) TMI 1150 - AT - Income Tax

Tribunal Upholds PET/CT Scan Classification for Depreciation at 40%

The Assistant Commissioner of Income Tax Chennai Versus M/s Bharat Scans Pvt. Ltd.

The Tribunal upheld the decision of the Commissioner of Income-tax (Appeals) to classify the medical diagnostic imaging equipment as a PET/CT scan for ... Disallowance of higher rate of depreciation - Whether the medical diagnostic imaging equipment installed by the assessee could be considered in the nature of SPECT gamma camera and if so, entitled to for depreciation at 40 per cent - Held that:- The PET/CT scan is very much used in the treatment of cancer. The PET/CT scan gives both anatomic and metabolic information to assess the present condition of cancer growth in a patient. This instrument is useful not only in detecting cancer but also in treating the cancer by making a proper assessment of the condition of the patient. The PET/CT scan is also very essential in assessing the condition of patients suffering from cancer even at the advanced stage. This imaging technology is used not only in the treatment of cancer but also in the treatment of heart diseases and neurological diseases, as the PET/CT scan delivers the condition of vascular system of a patient. - The PET/CT scan is entitled for higher rate of depreciation at 40 per cent. - Decided against Revenue. Issues:1. Whether the medical diagnostic imaging equipment installed by the assessee could be considered as a SPECT gamma camera for depreciation at 40 per cent.Analysis:The appeal filed by the Revenue pertains to the assessment year 2009-10 and challenges the order of the Commissioner of Income-tax (Appeals)-III at Chennai under section 143(3) of the Income-tax Act, 1961. The sole issue raised in the appeal is the classification of the medical diagnostic imaging equipment as a SPECT gamma camera for depreciation purposes at 40 per cent.The Commissioner of Income-tax (Appeals) extensively analyzed the nature and use of PET/CT scan equipment, which the assessee claimed as lifesaving medical equipment warranting higher depreciation. The PET/CT scan is crucial in cancer treatment as it provides both anatomic and metabolic information, aiding in assessing cancer growth and patient conditions. This equipment is not limited to cancer treatment but also plays a vital role in heart and neurological disease treatments by evaluating vascular systems. The detailed examination led the Commissioner to conclude that the PET/CT scan qualifies for a higher depreciation rate of 40 per cent due to its critical role in medical diagnostics and treatment.Given the significance and versatility of the PET/CT scan equipment in medical applications, the Tribunal upheld the decision of the Commissioner of Income-tax (Appeals) regarding the higher depreciation rate. The judgment emphasized the essential role of PET/CT scan in cancer treatment, patient condition assessment, and disease diagnosis beyond cancer, justifying the eligibility for increased depreciation benefits at 40 per cent.Consequently, the Tribunal dismissed the appeal filed by the Revenue, affirming the entitlement of the PET/CT scan equipment for a higher depreciation rate of 40 per cent. The judgment was delivered on February 13, 2014, in Chennai, upholding the decision in favor of the assessee based on the critical medical utility and importance of the imaging equipment in question.