Commissioner of Income-tax Vs. Shri Ganapathy Mills Company Limited - Court Judgment

SooperKanoon Citationsooperkanoon.com/812299
SubjectDirect Taxation
CourtChennai High Court
Decided OnFeb-16-1999
Case NumberT.C.P. No. 135 of 1996
JudgeR. Jayasimha Babu and ;A. Subbulakshmy, JJ.
Reported in[2000]243ITR879(Mad)
ActsIncome Tax Act, 1961 - Sections 32A, 43B and 256
AppellantCommissioner of Income-tax
RespondentShri Ganapathy Mills Company Limited
Appellant AdvocateC.V. Rajan, Adv.
Respondent AdvocateP.P.S. Janarthana Raja, Adv.
Excerpt:
- 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.
Judgment:

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.