In Brief
Lissie Medical Institutions sought relief against the Income Tax Commissioner regarding the disallowance of depreciation that had been allowed for multiple years. The Supreme Court upheld the High Court's decision, which answered the question of law in favour of the Revenue but granted the assessee relief. The Court held that while the substantive tax law favoured the Revenue's disallowance, the assessee could not be taken by surprise after years of allowance. The assessee was permitted to write back the depreciation and carry forward the recomputed income for future assessment years for charitable purposes. The appeal was dismissed accordingly.
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