1994 (10) TMI 14 - HC - Income Tax

Court grants deduction for medical center expenses & depreciation, upholds disallowance of other expenses due to lack of evidence

Kanthimathy Plantations Private Limited Versus State Of Tamil Nadu

Kanthimathy Plantations Private Limited Versus State Of Tamil Nadu - [1995] 215 ITR 203, 129 CTR 88 Issues:1. Disallowance of motor car expenses for not providing evidence of agricultural use.2. Disallowance of profession tax deduction due to lack of evidence.3. Disallowance of deduction claimed under 'rubber nursery' as capital expenditure.4. Disallowance of medical center expenses and depreciation deduction.Analysis:1. The court addressed the disallowance of motor car expenses claimed by the assessee for the assessment year 1984-85. The Income-tax Officer disallowed 25% of the claim as no trip sheet or log book was produced to prove the car's exclusive agricultural use. The Appellate Assistant Commissioner and Tribunal upheld the decision due to lack of evidence. The court agreed with the authorities, stating that without evidence, the disallowance was justified, and declined to interfere with the order.2. The assessee claimed a deduction for profession tax and tax paid but failed to provide vouchers or evidence of payment. The authorities disallowed the claimed sum of Rs. 376 under this head. The court upheld the decision, stating that without evidence of payment, the deduction cannot be allowed, and declined to interfere with the Tribunal's order on this matter.3. The Income-tax Officer disallowed the deduction claimed under 'rubber nursery' as capital expenditure since the assessee did not show plant sales. The Appellate Assistant Commissioner and Tribunal upheld the decision due to inconsistent claims by the assessee. The court noted that the expenditure was not consistently claimed and upheld the Tribunal's decision, stating that without consistent evidence, the deduction cannot be allowed.4. The assessee claimed expenses for a medical center and depreciation for a hospital. The assessing authority refused the deduction following a previous Tribunal order. The Tribunal upheld the decision. The court, considering a previous judgment allowing 50% of medical center expenses, held that since the hospital served both company employees and outsiders, 50% of the claimed amounts were allowable. The court set aside the Tribunal's decision on this aspect, allowing the deduction of 50% of the claimed expenses towards the medical center and depreciation.In conclusion, the court partially allowed the revision filed by the assessee, granting a deduction for medical center expenses and depreciation but upheld the decisions on motor car expenses, profession tax deduction, and rubber nursery expenditure disallowances.