2016 (2) TMI 39 - AT - Income Tax

Tribunal grants deduction for eco-tourism hotel under Income-tax Act

The Tribunal allowed the appeal, granting the assessee the deduction under section 80IC of the Income-tax Act for the assessment year 2009-10. It held ... Disallowance of deduction u/s 80IC - as per revenue ‘eco-tourism’ is a condition precedent for claiming deduction u/s 80IC and since the assessee failed to produce muster rolls of labourers, the same was not allowed - Held that:- The assessee falls in the ken of eco-tourism which qualifies for deduction u/s 80IC of the Act and, therefore, we set aside the orders of the authorities below and allow the grounds taken by the assessee. See Shri Bidhi Chand Singhal, Versus. Income Tax Officer [2010 (11) TMI 957 - ITAT DELHI] - Decided in favour of assessee Issues:Whether the AO correctly disallowed the assessee's claim for deduction u/s 80IC of the Income-tax Act, 1961 based on eco-tourism requirements and lack of muster rolls of laborers.Analysis:The appeal concerned the disallowance of the assessee's deduction claim u/s 80IC for the assessment year 2009-10. The primary issue was whether eco-tourism was a prerequisite for claiming the deduction. The AO disallowed the claim citing the absence of muster rolls of laborers and eco-tourism requirements. The CIT (A) upheld this decision, leading to the current appeal by the assessee.The assessee, running a hotel in Nainital, claimed the deduction for the first time in AY 2009-10. The AO's rejection based on eco-tourism conditions was challenged by the assessee. The AR argued that similar hotels in Uttarakhand had been granted the 80IC deduction, emphasizing the absence of a legal mandate for NOC from the Pollution Control Board to claim the deduction.The Tribunal analyzed relevant precedents and legal provisions to determine the eligibility for 80IC deduction. Referring to Section 80IC and the Fourteenth Schedule, the Tribunal highlighted that eco-tourism, including hotels, qualifies for the deduction. The absence of a formal definition of eco-tourism led the Tribunal to interpret it broadly, supporting the assessee's claim.The Tribunal noted the consistency in decisions favoring hotels in Uttarakhand for 80IC deduction, emphasizing the lack of evidence that the assessee's hotel did not meet eco-tourism criteria. Relying on previous judgments and statutory provisions, the Tribunal concluded that the assessee's hotel fell within the eco-tourism ambit and was eligible for the 80IC deduction.In light of the above analysis, the Tribunal allowed the appeal, setting aside the lower authorities' orders and granting the assessee the 80IC deduction. The decision highlighted the importance of interpreting eco-tourism broadly and ensuring consistency in applying legal provisions to determine eligibility for tax deductions.In conclusion, the Tribunal's detailed analysis focused on interpreting eco-tourism requirements for 80IC deduction, emphasizing statutory provisions and past precedents to support the assessee's claim and overturn the lower authorities' decisions.