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2016 (3) TMI 369 - AT - Income TaxEntitlement to deduction u/s. 80IB(7)(a) - Held that - Section 80IB(7)(a) states that 50% of the profits and gains derived from the business of such Hotel. In this context also, it can be stated that the term profits and gains derived from the business of such hotel has wider meaning than the term profits and gains derived from an undertaking . We have mentioned in the earlier paragraphs with reference to the ICAI audit guidelines that these are receipts directly on account of running of the Hotel business and it is not incidental/ancillary income and, therefore, these receipts though termed as other income is entitled to the benefit of deduction u/s. 80IB of the Act. Hence, the grounds of the assessee are allowed for the assessment year 2007-08. Similarly, in respect of other income for AY s 2008-09 and 2010-11, except for interest income and interest on refund, the other income enumerated above is entitled to the benefit of deduction u/s. 80IB(7)(a). Therefore, our findings and conclusions for the assessment year 2007-08 will hold good for the assessment year 2008-09 and 2010-11. - Decided in favour of assessee
Issues Involved:
1. Whether the CIT(A) is justified in disallowing the entire amount of other income derived from the business of the assessee without considering the fact that the interest income on Fixed Deposit has already been offered to tax. 2. Whether the CIT(A) is justified in excluding 'other income' earned by the assessee company for the purpose of deduction under section 80IB(7)(a) of the Income Tax Act. Detailed Analysis: Issue 1: Disallowance of Other Income Already Offered to Tax - The assessee, a private limited company engaged in the hotel business, filed its return of income declaring 'Nil' income under normal provisions and book profits under section 115JB. The assessment was completed with certain disallowances, and upon reassessment, the Assessing Officer disallowed the claim of deduction under section 80-IB(7)(a) due to lack of approval from the DGIT (Exemption). Additionally, 'other income' amounting to Rs. 9,85,097/- was excluded from business profits for deduction calculation. - The CIT(A) acknowledged the subsequent approval from DGIT (Exemption) and allowed the deduction under section 80IB(7)(a), but confirmed the exclusion of 'other income'. - The assessee argued that the interest income on Fixed Deposit amounting to Rs. 2,37,410/- had already been offered to tax in the return of income. The Tribunal found that the CIT(A)'s inclusion of this interest income for denial of deduction was misconceived since the assessee had already added it back to the P&L account. Therefore, this ground was allowed in favor of the assessee. Issue 2: Exclusion of 'Other Income' for Deduction Calculation - The Tribunal examined whether the 'other income' earned by the assessee qualifies for deduction under section 80IB(7)(a). The phrase "derived from" used in the section was analyzed, and it was noted that the income must have a direct nexus with the business of the hotel. - The Tribunal referred to ICAI guidelines and the Uniform System of Accounting for the Hotel Industry, which categorize various revenue streams relevant to hotel operations. - The Tribunal found that the 'other income' items, such as rent from the Heritage Shop, revenue from the staff mess, and income from club cultural programs, have a direct nexus with the hotel business and fall within the key revenue generation categories. - Citing the Supreme Court's judgment in Kedarnath Jute Mfg. Co. Ltd. vs. CIT, the Tribunal emphasized that the eligibility for deduction depends on the law and not on the entries in the books of account. - The Tribunal also referred to judgments from the High Courts of Madras and Delhi, which supported the inclusion of income from incidental activities related to the main business for deduction purposes. - Consequently, the Tribunal held that the 'other income' earned by the assessee qualifies as income derived from the specified business and is entitled to deduction under section 80IB(7)(a), except for interest income and interest on refund for the assessment years 2008-09 and 2010-11. Conclusion: - The appeals filed by the assessee were allowed, and it was pronounced that the assessee is entitled to the benefit of deduction under section 80IB(7)(a) for the 'other income' items, except for interest income and interest on refund for the specified assessment years.
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