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TMI Blog2009 (12) TMI 567X X X X Extracts X X X X X X X X Extracts X X X X ..... g Officer and directed reassessment of income accordingly. - Held that: - here is absolutely nothing on record, indicating that the Tribunal has misread or misconstrued any material document or other evidence, relied upon by the parties. - Revenue appeal dismissed. - . 3, 4, 5, 6, 7 and 10 of 2008 - - - Dated:- 30-12-2009 - Mr. Justice Surjit Singh, Mr. Justice Surinder Singh, JJ. For the Appellants: Mr. Vijay Vir Singh, Advocate vice counsel, in all appeals. For the respondent: Mr. Naresh Verma, Advocate, vice counsel, in all appeals. Surjit Singh, Judge (Oral) By this judgment, we propose to dispose of six appeals, particulars whereof are given in the heading (of Whether reporters of the local papers may be allowed to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 57/-, which, inter alia, included trading addition of Rs.11,46,703/-, on account of suppression of hotel receipts, under Section 154(2) of the Act. 3. Matter was taken right upto the Income Tax Appellate Tribunal. The Tribunal passed an order dated 30.3.2004 in ITA No.13/Chandi/98 and other connected matters to the following effect: "The next question that arises for consideration is as to the quantum of additions. The A.O. has worked out the average receipts per day on the basis of rates approved by the Tourism Department at Rs.15,000/-. This has been questioned by the assessee and on the basis of data available to us, the average room rent works out to Rs.10,000/- approximately. It is thus evident that the estimate made by the A.O. is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ms to half, in respect of all the three hotels for both the assessment years and also scaled down the number of occupancy days to 90 for the year 1994-95 and further reduced it to 75 days for the year 1995-96, on account of outbreak of plague in Gujarat. 6. Assessees were still not satisfied and they filed appeals before the Tribunal. Department also felt aggrieved by the order of Commissioner (Appeals), by which number of occupancy days were reduced and also tariff was scaled down to half of what had been assessed by the Assessing Officer. 7. Learned Tribunal came to the conclusion that the Assessing Officer had rightly worked out number of occupancy days at 105 and that the tariff worked out by him was based upon the rates approved by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tels, occupancy was much higher. Hotel complex of the assessees, being on The Mall and in the heart of the town, its occupancy is supposed to be much higher than other hotels with which comparison has been done by the Assessing Officer. 11. As regards the hire charges, the rates approved by the Tourism Department of the State were taken into consideration by the Assessing Officer. Therefore, it cannot be said that he assessed the rates without there being any material on record. The Tribunal has reduced these rates by 20%. Assessees had submitted returns, which were found incorrect. Their books of account were found to be fudged and were, therefore, excluded from consideration. They had not issued proper receipts to the customers. This th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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