TaxTMI 
TaxTMI 
2010 (11) TMI 957
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.... that basis. 2. Because the Ld.Commissioner of Income Tax (Appeals)-II did not consider the very relevant fact that only two restrictions have been placed for not allowing the claim under this provision, viz Sub-section (4)(i) - if is not formed by splitting up or the reconstruction of a business already in existence, or Sub-section (4)(ii) - it is not formed by the transfer of a new business of machinery or plant previously used for business. And sub-section (5) - no deduction shall be allowed under any other provision of the Chapter VIA or section 10A and 10B of the Act in computing the total income of the assessee. and the appellant is not hit by either of these provisions. 3. Because the learned first appellate authority failed to con....
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....ble for such deduction should also be a hotel which is environment friendly. For holding so, the AO has relied upon the definition of 'eco-tourism', 'environment friendly tourism' etc. and has arrived at the conclusion that the hotel of the assessee being simple hotel is not covered by Item No.15 of Schedule XIV of the Act and therefore, not eligible for such deduction. Learned CIT(A) has confirmed the decision of AO by relying upon the rules of interpretation known as 'Noscitur a sociis' and 'Ejusdem Generis'. 3. The issue was argued at large by the learned counsel for the assessee. He submitted that the hotel being situated in the state of Uttarakhand and having the valid license to run the hotel activity is to be considered eligible for....
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........... (ii) on the 7th day of January, 2003 and ending before the 1st day of April, 2012, in the State of Himachal Pradesh or the State of Uttaranchal; or (iii) .................." Item No.15 of Part C of the Fourteenth Schedule reads as under:- "15. Eco-tourism including hotels, resorts, spa, entertainment/amusement parks and ropeways." 6. From the above Section and Item No.15 of Part C of the Fourteenth Schedule, it can be observed that what is eligible for deduction is eco-tourism which include inter alia hotels. It has been the contention of the assessee that his hotel is approved by the Government. The hotel cannot be approved by the Government without obtaining No Objection from the Pollution Department. There is no material on ....