TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Tribunal Ruling: Assessment Reopening Valid, Deductions Allowed, Interest Upheld.</h1> <h3>Hotel & Allied Trades (P.) Ltd. Versus Deputy Commissioner of Income-tax, Circle-1(1)</h3> Hotel & Allied Trades (P.) Ltd. Versus Deputy Commissioner of Income-tax, Circle-1(1) - TMI Issues Involved:1. Validity of reopening of assessment.2. Deduction claimed under Section 80HHD.3. Deduction claimed under Section 80-IA.4. Computation of interest under Section 234C.5. Deduction claimed under Section 80IB.6. Deduction of carry forward depreciation while computing book profit under Section 115JB.7. Validity of simultaneous action under Sections 154 and 147.Detailed Analysis:1. Validity of Reopening of Assessment:The assessee challenged the reopening of the assessment for the assessment year 1999-2000. The return was initially processed under Section 143(1) and later reopened under Section 148 within four years. The tribunal referenced the Supreme Court decision in Rajesh Jhaveri Stock Brokers Pvt. Ltd. (291 ITR 500), which upheld the validity of such reopening. Consequently, the tribunal found no infirmity in the CIT(A)'s decision to uphold the reopening.2. Deduction Claimed Under Section 80HHD:The assessee operated two hotel units and claimed deduction under Section 80HHD separately for each unit. The Assessing Officer aggregated the profits of both units and allowed deduction on the combined profit, which was upheld by the CIT(A). The tribunal referenced the Kerala High Court decision in the assessee's own case (294 ITR 67), which mandated that the deduction under Section 80HHD should be computed with reference to the 'profits and gains of the business as a whole.' Therefore, the tribunal upheld the CIT(A)'s decision.3. Deduction Claimed Under Section 80-IA:For the hotel unit 'Coconut Lagoon,' the AO computed the profit after disallowances and allowed deduction under Section 80-IA on the gross total income, which was less than the actual profit from the unit. The tribunal noted that Sections 80A(2) and 80AB limit the aggregate deductions to the gross total income. The tribunal found that the computation of deduction under Section 80-IA should consider the profits of the eligible unit as the only source of income but restricted to the gross total income. The issue was remanded to the AO for fresh examination in light of these provisions.4. Computation of Interest Under Section 234C:The tribunal upheld the CIT(A)'s decision that the assessee is liable to pay interest for short payment of advance tax on income computed under Section 115JB, referencing the Supreme Court decision in CIT v. Rolta India Ltd. (330 ITR 470).5. Deduction Claimed Under Section 80IB:For the assessment years 2000-01 and 2001-02, the assessee claimed deductions under Section 80IB, but the gross total income resulted in a loss. The tribunal upheld the CIT(A)'s decision to deny the deductions, citing Section 80A(2), which mandates that the aggregate amount of deductions shall not exceed the gross total income.6. Deduction of Carry Forward Depreciation While Computing Book Profit Under Section 115JB:For the assessment year 2003-04, the AO denied the deduction of carry forward depreciation computed under the Income Tax Act while computing book profit under Section 115JB. The CIT(A) directed the AO to allow the deduction, but the tribunal sided with the AO, noting that the deduction should be as per the books of account, not the Income Tax Act. The tribunal restored the AO's decision.7. Validity of Simultaneous Action Under Sections 154 and 147:For the assessment year 2002-03, the AO initially issued notice under Section 154/155 and later under Section 148. The CIT(A) held the reopening void ab initio, but the tribunal found no simultaneous action, noting that the proceedings under Section 154/155 merged with the reassessment proceedings. The tribunal upheld the reopening under Section 148, referencing the Supreme Court decision in Rajesh Jhaveri Stock Brokers Pvt. Ltd., and remanded the case to the CIT(A) for adjudication on merits.Conclusion:- The appeals for the assessment years 1999-2000 and 2002-03 were partly allowed.- The appeals for the assessment years 2000-01 and 2001-02 were dismissed.- The appeals for the assessment years 2003-04 to 2005-06 were allowed.
TaxTMI 