2018 (12) TMI 333 - HC - Income Tax

Entitlement to claim deduction u/s 35AD(v)(aa) - Held that - The test would be as to whether the provisions of Section 35AD of the Act would apply to specified business referred to in Sub-Section (2) if it commences operations and in the case of business like that of the assessee, on or after 01.4.2010, where specified business is in the nature of building and operating new hotel of two star or above category as classified by the Central Government. Nowhere in Clause (aa) to Sub-Section (5) of Section 35AD of the Act mandating that the date of certificate should be with effect from a particular date. Therefore, the provision, which is obviously to encourage establishment of hotels of a particular category, should be read as a beneficial provision and therefore, the interpretation given by the Tribunal considering the facts of the case is perfectly valid - Decided against revenue

Summary

Issues:
1. Entitlement to claim deduction under Section 35AD(v)(aa) for the assessment year 2011-12.
2. Validity of granting deduction under Section 35AD(v)(aa) when conditions are not satisfied.
3. Applicability of a previous judgment regarding compliance certificate issuance.

Entitlement to Claim Deduction under Section 35AD(v)(aa) for AY 2011-12:
The appeal raised the issue of whether the assessee could claim a deduction under Section 35AD(v)(aa) for the assessment year 2011-12, despite obtaining a three-star category classification in the subsequent assessment year. The Assessing Officer initially denied the benefit based on this timing discrepancy. However, the Tribunal noted that the nature of the business was accepted by the Revenue for the financial year 2010-11, indicating the operational status of the hotel. The Tribunal emphasized that the delay in classification inspection was beyond the assessee's control and that the Department's acceptance of the income from the hotel business supported the assessee's eligibility for the deduction.

Validity of Granting Deduction under Section 35AD(v)(aa) without Meeting Conditions:
The Revenue contended that obtaining a star category recommendation was a prerequisite for claiming the benefit under Section 35AD. They referenced a Supreme Court decision related to a different section of the Income Tax Act, which focused on specific income-generating activities. However, the High Court clarified that the classification for a star category hotel was determined by the Ministry of Tourism, not the assessee or the Revenue. The Court highlighted that the treatment of the assessee by the Department was crucial, and the Tribunal's findings supported the assessee's position.

Applicability of Previous Judgment on Compliance Certificate Issuance:
The Revenue also relied on a Madhya Pradesh High Court decision regarding deductions for industrial undertakings, emphasizing the importance of meeting specific deadlines for completion certificates. However, the High Court differentiated the current case, noting that Section 35AD did not mandate a specific date for obtaining the classification certificate. The Court emphasized that Section 35AD aimed to encourage the establishment of hotels of a particular category and should be interpreted as a beneficial provision. Consequently, the Tribunal's interpretation and decision were deemed valid and justified, leading to the dismissal of the tax case appeal.

In conclusion, the High Court upheld the Tribunal's decision, emphasizing the operational status of the hotel and the uncontrollable delays in obtaining the star category classification. The judgment clarified the significance of the Department's acceptance of income and the distinct nature of the requirements under Section 35AD for claiming deductions. The Court's analysis highlighted the specific provisions of the Act and previous judgments to support the assessee's entitlement to the deduction, ultimately dismissing the appeal with no costs.