Commissioner of Income-tax Vs. Shri Ganapathy Mills Company Limited - Court Judgment |
| Direct Taxation |
| Chennai High Court |
| Feb-16-1999 |
| T.C.P. No. 135 of 1996 |
| R. Jayasimha Babu and ;A. Subbulakshmy, JJ. |
| [2000]243ITR879(Mad) |
| Income Tax Act, 1961 - Sections 32A, 43B and 256 |
| Commissioner of Income-tax |
| Shri Ganapathy Mills Company Limited |
| C.V. Rajan, Adv. |
| P.P.S. Janarthana Raja, Adv. |
- r. jayasimha babu, j.1. the tribunal has held that the payments towards provident fund and employees state insurance having been made within the grace time allowed under the relevant statute, those amounts are required to be deducted in the computation of the taxable income of the assessee. it has also been held that the air-conditioners used in the rooms where the computers are kept in the mill of the assessee also qualify for investment allowance. if the air-conditioning is required for the optimum use of the computer and its safe-working, such air-conditioners would also to be eligible for investment allowance, just as an electrical appliance such as a stabilizer which is essentially an adjunct to an electrical equipment which is sensitive to voltage fluctuations, would be.2. we have also in other earlier tax cases taken a similar view. we, therefore, do not find any merit in the petition.tax case petition is dismissed.
R. Jayasimha Babu, J.
1. The Tribunal has held that the payments towards provident fund and employees State insurance having been made within the grace time allowed under the relevant statute, those amounts are required to be deducted in the computation of the taxable income of the assessee. It has also been held that the air-conditioners used in the rooms where the computers are kept in the mill of the assessee also qualify for investment allowance. If the air-conditioning is required for the optimum use of the computer and its safe-working, such air-conditioners would also to be eligible for investment allowance, just as an electrical appliance such as a stabilizer which is essentially an adjunct to an electrical equipment which is sensitive to voltage fluctuations, would be.
2. We have also in other earlier tax cases taken a similar view. We, therefore, do not find any merit in the petition.
Tax case petition is dismissed.