Judgment Search Results Home > Cases Phrase: hotel receipts tax act 1980 section 14 advance payment of hotel receipts tax Court: income tax appellate tribunal itat delhi Page 1 of about 27 results (0.205 seconds)

income-tax Officer Vs. India International Centre

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1988)26ITD224(Delhi)

..... enacted the hotel receipts tax act, 1980, which will be referred to as 'the act' hereafter ..... powers to impose tax on hotel receipts seems to have read in clause (vii) of article iii of the memorandum of association of the centre a disguised attempt by the centre to run a hotel because, according to him, the centre was covered by the definition of hotel given in section 2(6) of the act. ..... of india by notification under section 10(23c)(iv) of the income-tax act, has notified india international centre for the assessment ..... centre's receipts are taxable as these are hotel receipts. ..... commissioner, new delhi-ii has registered the centre under section 12a(a) of the income-tax act, 1961 and the donations to the centre are exempt under section 80g as per certificate issued by the cit. ..... the type of endeavour made by the ito in importing meaning into the objects clauses of the centre by interpreting the term 'hotel' given in the definition section of the act was wholly unwarranted.6. ..... conclusions drawn in the assessment order were entirely misconceived because maintenance of residential accommodation with cultural and educational amenities for the members of the society cannot be considered to be running a hotel merely because, some charges are made for providing this facility to those members who utilise it.in fact, the 1d. ..... to tax under section 10(2) of the act.4. ..... section (6) of section 2 defines a hotel ..... section 2 of this act ..... made by the ito, trust circle-i, new delhi under section 10(2) of the h.r. .....

Deputy Commissioner Vs. Prominent Hotels Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2000)73ITD51(Delhi)

..... reference to section 22 of the income-tax act, 1961 (hereinafter referred as the act) was also made which applies only to annual value of property of which the assessee was owner and not using it for any business carried on by him. ..... ) concluded that assessee is beneficial owner of the property and owner of the building for the purpose of section 22 of the act.about second point, the assessing officer considered the case law cited before him and observed that ratio of the hon'ble supreme court in the case of karnani properties (p. ..... dr further pointed out that alleged uniform accounting system to be adopted by hoteliers to account for receipt was also a new factor considered by cit (a) and that plea of the assessee was also not going to help the assessee as view of the chartered accountants or guidelines issued by institute of chartered accountants cannot be treated as good ..... according to assessee, due to lack of finances, hotel could be completed late and bank of india financed the project and even licence deed entered into between assessee and bank of india provided that 50% of the rent paid will be adjusted against re-payment of loan so sanctioned and thus, the amount received by the assessee as licence fee from bank of india was part of business income.6. ..... the assessee had wrongly adopted nomenclature in the p&l account showing that receipt as rental income while it should have been read as "income from operations". ..... 27129.75 as miscellaneous receipts and rs. .....

Asian Hotels Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2002)81ITD127(Delhi)

..... reliance was also placed on provisions of section 5 of the expenditure tax act, 1987 r/w section 4 of the expenditure tax rules, 1987, to contend that foreign exchange included payment made in indian currency obtained by conversion of foreign exchange into indian currency and any expenditure out of that was "deemed to have been incurred in foreign exchange". ..... the revenue would have also allowed benefit of section 80hhd to tour operators/agents in respect of the foreign exchange received by them and if the assessee was also to claim benefit under the amended provisions retrospectively, then the same foreign exchange receipt would be the subject-matter of deduction under section 80hhd twice i.e.one by the tour operators/agents and again by the hotel owners, who actually rendered the services.18. ..... the unreported decision of the tribunal relied upon on behalf of the assessee does not advance its case since the subsequent amendment effective 1st april, 1995, was not brought to its notice as also the crucial fact that the amendment effective 1st april, 1992, did not take away ..... 1st april, 1980, by the finance act, 1979 which reads as follows : "for the purpose of this section, 'income' includes 'loss'. .....

Asstt. Commissioner of Income Tax Vs. Hotel Marina

Court : Income Tax Appellate Tribunal ITAT Delhi

..... the question for consideration of the bench is whether the assessee is entitled to depreciation on car imported by the assessee under the first proviso to section 32(1) of income-tax act, 1961 (the act) which provides that no deduction by way of depreciation shall be allowed in respect of any motor car manufactured outside india which has been acquired after 28^th ..... india, in view of clear provision of section 32 of the income tax act, 1961, the depreciation claimed on this mercedes ..... for transport on hire to its customers to hold it as a vehicle used for carrying on business of running it on hire, there is no reason to deny the same interpretation and (he result in the case of a hotel having the package of boarding and lodging and providing transport service as a separate and independent condition as a part of a package to be offered which includes boarding, lodging and fare for hiring cars on separate and independent charges ..... transport on hire to its customers to hold it as a vehicle used for carrying on business of running it on hire, there is no reason to deny the same interpretation and the result in the case of a hotel having the package of boarding and lodging and providing transport service as a separate and independent condition as a part of a package to be offered which includes boarding, lodging and fare for hiring cars on separate and independent ..... receipts in one year can only be attributed to the business of the hotel ..... 27.9.1971 did not advance the case of ..... advanced .....

Assistant Commissioner of Vs. Gallium Equipment (P.) Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

..... for the purpose of allowing the deduction under section 80-i of the income-tax act, the assessing officer did not allow the set off of the interest received on fdr against the payment of interest, by holding that earned interest is not from business of industrial undertaking, accordingly to this extent the deduction under section 80-i was not allowed by the assessing officer. ..... argument of learned authorised representative of the assessee that since deposits like fixed deposit with bank kept as margin for establishment letter of credit for importing raw material or trade advances to the parties or security for godowns taken on rent are deposits necessary either for complying with statutory requirements or for carrying on of business by the assessee, interest ..... an assessee includes any profits and gains derived from an industrial undertaking or a ship or the business of a hotel (or the business of repairs to ocean-going vessels or other powered craft), to which this section applies, there shall, in accordance with and subject to the provisions of this section, be allowed, in computing the total income of the assessee, a deduction from such profits and gains of an ..... for the purpose of carrying on the business of priority industry, then the interest receipts earned from these securities would have to be treated as part of profit gains attributable ..... section was also deleted from 1-4-1973 and the present section as reproduced above was brought on statute by the finance (no.2), act, 1980 .....

Motor and General Finance Ltd. Vs. Dcit, Spl. Range-16

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2004)90ITD449(Delhi)

..... high court that where the profits of the assessee's business was sufficient to cover the payment of advance tax during the relevant accounting year, if such amount was paid from an amount which included the amount of profits as well as the overdraft taken for the purpose of the business, the presumption was that the tax was paid out of the profits and not out of the overdraft account and sine the ..... (1) where the gross total income of a domestic company, in any previous year, includes any income by way of dividends from another domestic company, there shall, in accordance with and subject to the provisions of this section, be allowed, in computing the total income of such domestic company, a deduction of an amount equal to so much of the amount of income by way of dividend from another domestic company as does not exceed the amount of dividend ..... claimed deduction under section 80-m of the income-tax act, 1961 (hereinafter referred to as the "act") on this amount ..... also the ao rejected the explanation of the assessee that all the receipts by way of interest free advances from the flat purchasers and loans from the unsecured creditors were deposited in the same account and it was out of such amount that the interest free advances were given to sister concerns and therefore it could not be said that the advances were given out of borrowed amounts bearing interest. ..... hotel savera 239 itr 795; and that of hon'ble gujarat high court in the case of shree digvijay cement ..... hotel savera .....

Oriental Building and Furnishing Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1995)53ITD198(Delhi)

..... that it intended to carry on a hotel business itself in the same building, the letting of the building did not amount to carrying on of a business and the income under the lease could not, therefore, be assessed under section 10 of the income-tax act, 1922, as income from business; (ii) income from the hire of the furniture and fixtures had to be assessed under section 12 after providing for the allowances mentioned in sub-section (3) of that section 12; (iii) as the assessee ..... are : (i) the nature of the agreement - whether it is of composite nature or it provides for separate receipts in the hands of the assessee for hire charges for equipments, furnitures, fixtures and fittings and for use of the premises at m-7, connaught circus, new delhi, which could be taxed separately under different heads of income mentioned in the income-tax act, 1961; (ii) whether the arrangement entered into by the assessee with m/s cjhpl amounts to exploitation by the ..... ., on the ground that the payment of interest claimed by the assessee on loans obtained from canara bank was much more than the receipt of income as higher charges and that the transaction did not appear to be reasonable and genuine because no prudent ..... he further disallowed the claim of the assessee for depreciation on the ground that the rental receipts are being assessed under the head 'income from other sources'.5.1 on appeal, the cit(a), after considering the detailed submissions made by the learned counsel for the assessee to .....

Addl. Cit^*, Spl. Range-4, New Vs. Li and Fung India (P) Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

..... the other relevant submissions made by the parties, one could say that having regard to the spirit of the provisions for receipt of income in convertible foreign exchange in india, the assessee had met with the requirements of law as it was receiving the payment either directly from the foreign ship-owners or through the banks after the deduction made by the indian party in foreign currency ..... convertible foreign exchange outside india, is brought into india, by or on behalf of the assessee in accordance with any law for the time being in force for regulating payment, and dealing in foreign exchange, there shall be allowed, in accordance with and subject to the provisions of this section, a deduction of an amount equal to fifty per cent of the income so received in, or brought into india, in computing the total income of the assessee; ( ..... he drew our attention to explanation (iii) to section 80-o of the income tax act which provided that deduction was not permissible in respect of services rendered in india.he emphasized that assessee in this ..... by the supreme court.the assessees stand is supported by the various decisions of the authority for advance ruling of the tribunal and commissioner (appeals) wherein deduction under section 80-o of the act has been held to be admissible on the facts in those cases. ..... not accepted by delhi high court in the case of oberoi hotels (india) (p) ltd. v. ..... hotels ..... the delhi high court itself in the later decision in the case of oberoi hotels ltd. ..... hotels .....

Additional Commissioner of Vs. Li and Fung India (P.) Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2007)104ITD75(Delhi)

..... relevant documents and the other relevant submissions made by the parties, one could say that having regard to the spirit of the provisions for receipt of income in convertible foreign exchange in india, the assessee had met with the requirements of law as it was receiving the payment either directly from the foreign ship-owners or through the banks after the deduction made by the indian party in foreign currency was converted ..... into convertible foreign exchange outside india, is brought into india, by or on behalf of the assessee in accordance with any law for the time being in force for regulating payment, and dealing in foreign exchange, there shall be allowed, in accordance with and subject to the provisions of this section, a deduction of an amount equal to fifty per cent of the income so received in, or brought into india, in computing the total income of the assessee; (iii) services rendered or ..... he drew our attention to explanation (hi) to section 80-o of the income-tax act which provided that deduction was not permissible in respect of services ..... stand is supported by the various decisions of the authority for advance ruling of the tribunal and cit (appeals) wherein deduction under section 80-o of the act has been held to be admissible on the facts in those ..... hotels ..... by delhi high court in the case of oberoi hotels (india) (p. ..... has been substantially diluted by the delhi high court itself in the later decision in the case of oberoi hotels ltd. ..... case of oberoi hotels ltd. .....

income-tax Officer Vs. Intercontinental Hotels

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1983)4ITD334(Delhi)

..... where the agreement was completed, since the ito raised the issue for the assessment years 1971-72 and 1972-73, he would press that question also apart from contending on the basis of sections 5(2)(b) and 9(1) of the income-tax act, 1961 ('the act'), that the income is liable to be taxed in the hands of the assessee under the indian income ..... . the word 'intercontinental' will have normally more significance for the foreign customers rather than indian customers.apart from this even the government of india's approval of the payment of compensation under the terms of the agreement to the assessee is essentially for facilities and services to be rendered by the assessee.it is nowhere mentioned that the compensation is also for the use of the word ..... the question that arose before the ito for all these years is whether the assessee-ihc is liable under the income-tax act in respect of the compensation receivable from the constituents, namely, the two companies with whom the assessee entered into membership and ..... ito estimated 20 per cent of the receipt as income liable to be taxed under the income-tax act in the view he took of ..... , compensation at the rate of $ 100 per guestroom for each hotel which is a member of the intercontinental group during each year, payments thereof to be made in quarter-annual instalments during the term of this agreement.the term of the agreement ..... . though some argument had been advanced by mr.nagarajan that the name 'intercontinental' should be treated as property, .....