Judgment Search Results Home > Cases Phrase: hotel receipts tax act 1980 section 7 computation of chargeable receipts Court: income tax appellate tribunal itat delhi Page 1 of about 15 results (0.266 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)

..... /93 taxman 502 had observed that total income of any income is chargeable to tax under section 4 of the act and that has to be computed in accordance with the provisions of the act ..... 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 ..... . 1988, beyond the accounting period of this year and thus, it cannot be said that assessee started its business of hotel as hotel business is the main objective of the business, therefore, in the absence of commencement of the business by the assessee, the question of computation of income under the head profits and gains of business does not arise and the income derived by the assessee from lease was rightly assessable ..... ) 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 ..... 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 ..... had wrongly adopted nomenclature in the p&l account showing that receipt as rental income while it should have been read as ..... receipts .....

Asian Hotels Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2002)81ITD127(Delhi)

..... of fera 1973, and that of expenditure tax act, 1987, r/w rule 4 of expenditure tax rules, 1987, cannot be used for interpretation of the provisions of section 80hhd as those provisions are meant for these acts it was also the contention of the learned departmental representative that cit was justified in ignoring the provisions of expenditure tax act r/w rule 4 of the expenditure tax rules, 1987, on the ground that those provisions provides a benefit of claiming exemption to foreign national to pay in indian currency to hotels, etc. ..... in clause (a) as is debited to the p&l a/c of the previous year in respect of which the deduction is to be allowed and credited to a reserve account to be utilised for the purposes of the business of the assessee in the manner laid down in sub-section (4) : provided that a hotel or, as the case may be, a tour operator approved-by the prescribed authority on or after the 30th day of november, 1989, and before the 1st day of october, 1991, shall be deemed to have been approved by the prescribed ..... in a case where a group of foreign tourists pays $ 10,000 to a tour operator a and the tour operator pays in converted rupees, the value of s 2,500 to hotel b, $ 1,500 to hotel c and $ 700 to travel agent d, the concession to each will be computed on the basis of the following receipts : (a) to the tour operator a, in respect of $ 5,300, i.e. ..... 1st april, 1980, by the finance act, 1979 which reads as follows : "for the purpose of this section, 'income' includes .....

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 ..... india, in view of clear provision of section 32 of the income tax act, 1961, the depreciation claimed on this ..... 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 ..... 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 ..... receipts in one year can only be attributed to the business of the hotel ..... or otherwise of the depreciation on foreign made cars in computing the income of the assessee. .....

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

Court : Income Tax Appellate Tribunal ITAT Delhi

..... the receipts from the sale of import entitlements could not be included in the income of the assessee for the purpose of computing the relief under section 80hh of the income-tax act, 1961. ..... (1) where the gross total income of an assessee includes any profits and gains derived from an industrial undertaking or a ship or the business of a hotel for the business of repairs to ocean-going vessels or other powered craft, to which this section applied, 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 amount equal to twenty per cent thereof.... ..... (1) where the gross total income of 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 amount equal to twenty per cent thereof: 6. ..... this 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 w.e.f. .....

Oriental Building and Furnishing Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1995)53ITD198(Delhi)

..... . the apex court also observed that "when a building and plant, machinery or furniture are inseparably let the income-tax act contemplates the rent from the building as a residuary head of income and not one to be computed under section 9".the apex court further observed that "the letting of a building can never be incidental to the letting of furniture contained in it ..... considered in the present case 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 ..... was nothing to show 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 and .....

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

Court : Income Tax Appellate Tribunal ITAT Delhi

..... the decision, it was a case of services rendered by the assessee from india and such services were to be treated as the services rendered outside india within the meaning of explanation (iii) to section 80-o.the logic thus is that even if the services are rendered in india, the ultimate utilization of such services would be by the client outside india inasmuch as the analysis of the information received ..... 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 agreed to be rendered outside india shall include services rendered from india but shall ..... 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 ..... , the 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 ..... by delhi high court in the case of oberoi hotels (india) (p) ltd. v. ..... hotels ..... 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)

..... for making the decision, it was a case of services rendered by the assessee from india and such services were to be treated as the services rendered outside india within the meaning of explanation (iii) to section 80-o.the logic thus is that even if the services are rendered in india, the ultimate utilization of such services would be by the client outside india inasmuch as the analysis of the information received on 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 agreed to be rendered outside india shall include services rendered from india but shall not ..... he drew our attention to explanation (hi) to section 80-o of the income-tax act which provided that deduction was not permissible in ..... , the 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 ..... hotels ..... court in the case of oberoi hotels (india) (p. ..... diluted by the delhi high court itself in the later decision in the case of oberoi hotels ltd. ..... oberoi hotels ltd .....

income-tax Officer Vs. Intercontinental Hotels

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1983)4ITD334(Delhi)

..... specifically as to 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 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 service agreements as mentioned ..... under section 9(1)(i) of the income-tax act, 1961 ..... confined to the purchase of goods in india for the purpose of export; mr. nagarajan wants us to hold and upset the finding of the commissioner (appeals) that the income of the assessee is liable to be assessed under the income-tax act by virtue of the provisions of section 9 ..... . the 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 the agreement ..... this is what it states: as compensation for membership of the hotels in the intercontinental group, for the sales, advertising and promotional services rendered by ihc hereunder, for ihc's maintenance of a staff of experts available to the hotels, and for the informational services of ihc, east india will pay annually to ihc, in ..... the ito is directed to make the computation.11 .....

British Airways Plc. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2002)80ITD90(Delhi)

..... and which was reiterated in another written communication, but thereafter a conditional offer was made to get 10 per cent of the gross receipts taxed in india and which was further revised to 15 per cent.attention of the assessing officer was invited to section 44bba which contained special provisions for computing profits and gains of business of operation of aircraft in the case of a non-resident and which contained a deeming provision regarding the ..... - (a) for the granting of relief in respect of income on which have been paid both income-tax under this act and income-tax in that country, or (b) for the avoidance of double taxation of income under this act and under the corresponding law in force in that country, or (c) for exchange of information for the prevention of evasion or avoidance of income-tax chargeable under this act or under the corresponding law in force in that country, or investigation of cases of such evasion ..... according to the assessing officer the commentary further stated that keeping a hotel will come under article 8 only "if the hotel provides no persons other than the enterprise" passengers with night accommodation directly connected with their passage and if the cost of such accommodation are ..... in referring to the un model taxation convention, 1980 it was pointed out that the profits from the business of operation of aircraft in international traffic by an enterprise was taxable in the state where the effective management of the enterprise was situated. .....