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TMI Blog2019 (2) TMI 1712X X X X Extracts X X X X X X X X Extracts X X X X ..... specified business:- on or after 1s t day of April, 2010, where the specified business is in the nature of building and operating a new hotel of Two Star or above category as classified by the Central Government. In respect of its contention assessee submi ted copy of permission granted by the Ministry of Tourism letter dated 30/08/2010 wherein approval of three star hotel has been granted by the Ministry and assessee has filed Building House Permission issued by the municipal authority dated 18/10/2011 for granting the permission of hotel and assessee submitted details with the AO for following documents along with copies of assessee submitted letter dated 09/02/2015. CIT(A) in our view, has rightly come to the conclusion in favour of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (4) In its para-2 of letter No. ITM(750)(AP) (723)/2010 dated 30/08/2010 addressed to the assessee, India Tourism had clarified that though permission for 3 star hotel is granted, the approval does not consitute an approval for fiscal concession under the Income Tax Act . For fiscal concession, if any, under the I.T. Act separate and specific approval is to be sought and applied for after hotel starts functioning. Relevant port ion of the same is as under:- "2. This approval does not constitute approval under the Income Tax Act, 1961. For fiscal concessions, if any, under the Income Tax Act, separate and specific approval will have to be sought and applied for after the hotel starts functioning. "Further in para-3, it was mentioned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... herefore, it is very much clear that the assessee had not fulfilled all conditions which were specified to avail deduct ion u/s. 35AD of the I.T. Act and finally made disallowance of ₹ 6,26,69,610/-." 2. Thereafter against the disallowance of ₹ 6,26,69,610/- made under section 35AD(5)(aa) of the Act assessee preferred first statutory appeal before the Ld. CIT(A) who allowed the appeal of the assessee on the ground that no specific permission is laid down in sect ion 35AD and/or relevant income tax rules the act ion of AO seems to be unjustified in denying deduction under sect ion 35AD and held that assessee had completed necessary formalities in terms of obtaining licenses from different authorities were obtained by the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... long with following documents copy of: "1. Eating house license 2. License for keeping of lodging house 3. Professional tax registration certificate 4. B.U. permission 5. Permit order under Gujarat tax on luxuries 6. Consent to operate (Pollution control) 7. Kitchen waste removal agreement 8. Lift license 9. License under food safety and standard Act, 2006 10. Certificate for fire safety measure 11. Checklist and details submit ted with Tour ism Department 12. Approval of proposed three star hotel project" 4. The CIT(A) in our view, has rightly come to the conclusion in favour of the assessee. Thus we dismiss the appeal of the Revenue. 5. In the result, appeal fi led by the Revenue is dismissed. Thi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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