2012 (10) TMI 639 - AT - Income Tax

Deduction u/s 80-IC - disallowance as ecological damage to the area has been done to the minimum possible extent - Held that - In terms of section 80-IC(2)(b), the deduction is admissible if the hotel commences the operation within the period mentioned in the statute. It is also admissible if the hotel commences any operation and undertakes substantial expansion during the period mentioned in the statute. Therefore, in the case of an existing hotel, the deduction will be admissible if the substantial expansion takes place within the prescribed period. 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 record to show that Pollution Department of the Government has not given No Objection to the assessee, thus it cannot be said that the assessee is running a hotel which is outside the norms prescribed by the Pollution Department. No material has been brought on record to show that eco-tourism status has been granted to any other hotel and which status assessee does not have. In the absence of definition of eco-tourism the hotel as added into the Item No. 15 of Part C is to be construed to be hotel situated in the State of Himachal Pradesh or the State of Uttaranchal having a valid licence on the basis of No Objection from Pollution Department which can be treated to be a hotel eligible for deduction u/s 80-IC as per provisions of section 80IC - in favour of assessee.

Summary

Issues involved:
1. Delay in filing the appeal for assessment year 2007-08.
2. Disallowance of deduction u/s 80-IC of the Income-tax Act, 1961.
3. Interpretation of statutory provisions regarding substantial expansion for deduction eligibility.
4. Eligibility for deduction in case of a hotel not taking steps towards ecological balance.

Analysis:

Issue 1: Delay in filing the appeal for assessment year 2007-08
The appellant filed an appeal late by seven days for assessment year 2007-08. The appellant explained the delay due to the illness of a staff member responsible for the appeal documents. The delay was condoned as it was deemed genuine and did not provide any benefit to the appellant.

Issue 2: Disallowance of deduction u/s 80-IC of the Income-tax Act, 1961
The main grievance raised in the appeals was the disallowance of the deduction u/s 80-IC. The appellant argued that the disallowance was due to a misinterpretation of statutory provisions. The lower authorities contended that the appellant, running a hotel, did not take steps for ecological balance, thus not meeting the criteria for the deduction. The dispute revolved around the definition of "eco-tourism" and the necessity of maintaining ecological balance for claiming the deduction.

Issue 3: Interpretation of statutory provisions regarding substantial expansion for deduction eligibility
The case involved the interpretation of statutory provisions regarding substantial expansion for deduction eligibility under section 80-IC. The tribunal analyzed the conditions required for claiming the deduction, particularly focusing on the commencement of operations and substantial expansion within the prescribed period. The tribunal clarified that the deduction would be admissible for an existing hotel if substantial expansion took place within the specified period, regardless of the commencement of operations.

Issue 4: Eligibility for deduction in case of a hotel not taking steps towards ecological balance
The tribunal deliberated on whether a hotel not taking steps towards ecological balance is eligible for the deduction u/s 80-IC. Referring to a previous decision, the tribunal concluded that the appellant, despite not demonstrating efforts towards ecological balance, was entitled to the deduction based on the interpretation of eco-tourism and the absence of a clear definition of the term.

In conclusion, the tribunal allowed all three appeals of the assessee, emphasizing the correct interpretation of statutory provisions and the eligibility criteria for claiming deductions under section 80-IC of the Income-tax Act, 1961.