2014 (9) TMI 12

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... against the order of the Income Tax Appellate Tribunal, Madras 'B' Bench, dated 26.7.13 in ITA No.1449/Mds/2011. 2. The Revenue is aggrieved by the order passed by the Income Tax Appellate Tribunal on the following substantial question of law :- "Whether under the facts and circumstances of the case, the Income Tax Appellate Tribunal was right in holding that the expenditure tax, lu....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Act by including the total taxes, viz., expenditure tax, luxury tax and sales tax claimed in Rupees and foreign exchange in the denominator (total receipts). Aggrieved by the order, the assessee preferred an appeal to the Commissioner of Income Tax (Appeals), who allowed the said appeal relying upon a judgment of this Court in CIT  Vs  Adyar Gate Hotels Ltd. (293 ITR 86). 4. Against t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n under Section HHD of the Act. The ld. CIT (Appeals), by following the decision of the Hon'ble Jurisdictional High Court, allowed the appeal of the assessee. The ld. DR could not controvert or filed any higher Court's decision on this issue to take a different view. Therefore, we find no reason to interfere with the order passed by the ld. CIT (Appeals) and dismiss the grounds raised by t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....oncerns interpretation of Section 80 HHD of the Act and not Section 80 HHC of the Act and, therefore, the judgment of the Apex Court relied on by the learned standing counsel for the Revenue is of no use to the appellant as the decision of this Court in Adyar Gate Hotels's case (supra), which pertains to Section 80 HHC still holds the field. 8. In such view of the matter, we find no reason ....