2013 (12) TMI 614 - HC - Income Tax

Court allows deduction of room tariffs for foreign tourists under Income Tax Act, 1961

The High Court upheld the Tribunal's decision to allow the deduction of room tariffs from foreign tourists under Section 80-HHD of the Income Tax Act, ... Deductions u/s 80HHD - Held that:- Following assessee's own case [2009 (10) TMI 22 - ALLAHABAD HIGH COURT] for earlier assessment year 1990-91 - The room tariff should also be taken into consideration for granting deduction under section 80HHD of the Income tax Act - The room tariff comes within the expression, 'services provided to foreign tourists' - Decided against Revenue. Issues:Interpretation of Section 80-HHD of the Income Tax Act, 1961 for deduction of room tariffs from foreign tourists as part of services provided.Analysis:The High Court heard an appeal filed by the Department under Section 260A of the Income Tax Act, 1961, challenging the judgment of the Income Tax Appellate Tribunal regarding the deduction under Section 80-HHD for the assessment year 1997-98. The substantial question of law was whether the Tribunal was correct in directing the computation of deductions under Section 80-HHD after considering the room tariff as part of services provided to foreign tourists. The Department's grievance was focused on this deduction issue, which was previously addressed in a similar case (Income Tax Appeal No. 44 of 2004) involving M/s. Banaras Hotels Limited. In that case, the Tribunal had allowed the deduction based on the room tariff realized from foreign tourists. The High Court referred to a previous judgment regarding the Assessment Year 1990-91, where it was held that room tariff should be considered for granting deductions under Section 80-HHD. Consequently, the High Court found no legal infirmity in the Tribunal's order and dismissed the Department's appeal, ruling in favor of the assessee.This judgment highlights the consistent interpretation of Section 80-HHD by the High Court, emphasizing the inclusion of room tariffs in the computation of deductions for services provided to foreign tourists. The decision builds on previous rulings and sets a precedent for similar cases involving deductions under this section of the Income Tax Act, 1961. The judgment underscores the importance of considering all relevant aspects, such as room tariffs, in determining the eligibility for deductions under specific provisions of the tax law.