2001 (3) TMI 29

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....ANKARASUBBAN J.-At the instance of the Commissioner of Income tax, Thiruvananthapuram, the following questions of law referred to this court : "Whether, on the facts and in the circumstances of the case, on a fair reading of item II(2) of Appendix I read with rule 5 of the Income-tax Rules, the Tribunal is right in law and fact in holding, (i) whether the hospital is a welfare centre or not ....

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....n order was passed under section 154 of the Income-tax Act allowing depredation at 10 per cent. The matter was taken before the Commissioner of Income-tax (Appeals). The Commissioner of Income-tax (Appeals) agreed with the assessee's representative that the rate of depreciation applicable in the case of a hospital was a debatable issue and so the Assessing Officer was not justified in revising the....