TaxTMI 
TaxTMI 
2009 (12) TMI 567
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....ted 25th July, 2007, of Income Tax Appellate Tribunal, Chandigarh Bench, Camp at Shimla and also because all these appeals were admitted on the same substantial question of law, which is as follows: "Whether the learned Tribunal has misread and misconstrued the material on record in estimating the hotel receipts and whether the findings based without any material are sustainable in law?" 2. Facts relevant for the disposal of all the appeals may be noticed. Appellants, in all the six appeals, are members of a single family. They are running three hotels in the same complex at Shimla. The hotel complex abuts on The Mall Road opposite the Tourism Department Lift. The proprietors of the three hotels are income tax assessees. They filed income ....
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....ssion and settled the dispute about the concealed income, we consider it appropriate to set aside the assessments and remit the same to the file of the A.O. for purposes of determination of additions in the cases of the assessees in the respective assessment years keeping in view the disclosure made by Shri B.N. Malhotra before the settlement Commission. The decision of the settlement Commission shall be kept in mind for making reasonable additions in the cases of the present assessees the sons of Shri B.N. Malhotra." 4. After the remand of the case, Assessing Officer worked out the occupancy days at 105 and the daily higher charges @ Rs.10,425/- and thus the total income was assessed at Rs.10,94,625/-, in respect of one of the hotels abou....
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....llowed 20% discount in the approved tariff adopted by the Assessing Officer and directed reassessment of income accordingly. 8. We have gone through the record. The Advocates, who are appearing vice counsel for the original counsel, have assisted us in reading the impugned orders of the Tribunal and other documents. 9. There is absolutely nothing on record, indicating that the Tribunal has misread or misconstrued any material document or other evidence, relied upon by the parties. From the perusal of the orders of the Assessing Officer as also the order of the Tribunal, it is clear that the Assessing Officer has fairly taken into account, while working out the occupancy days, that peak season in Shimla is only during summer months of May,....