Judgment Search Results Home > Cases Phrase: hotel receipts tax act 1980 section 7 computation of chargeable receipts Page 7 of about 325 results (0.157 seconds)

Commissioner of Income-tax Vs. Dr. P.N. Awasthi and

Court : Allahabad

Reported in : [1976]105ITR320(All)

..... even though the dealer was under the sales tax act statutorily liable to pay the sales tax realised by him to the state government, yet it was held that the receipt was a trading receipt liable to income-tax in his hands subject to deduction being claimed as revenue expenditure as and when the payment was made to ..... question for consideration was whether the payment of certain amount to the travancore government under an agreement was an allowable expense under section 10 of the income-tax act.18. ..... when a sub-partnership is entered into, the partner changes his character vis-a-vis the sub-partners and the income-tax authorities, although other partners in the original partnership are not affected by the changes that may have taken place. ..... the assessee should be assessed under the indian income-tax act on the gross amount of the dividends including the ceylon income-tax that had been deducted. ..... gross amount of the dividends the company deducted tax in accordance with section 43(1) of the ceylon income-tax ordinance, and paid the assessee only the ..... the principle in regard to the question whether a particular receipt is income liable to income-tax has been the subject-matter of several deci-sions of ..... it provides for the division of fees, that is to say, of the professional receipt already earned or accrued owing to the assessee having rendered professional service. ..... the respondent claimed deduction of these amounts in computing its profits, contending that there was an agreement between .....

Commissioner of Income-tax Vs. Oberoi Hotels (India) Pvt. Ltd.

Court : Kolkata

Reported in : (1994)122CTR(Cal)347,[1994]209ITR732(Cal)

..... the instance of the revenue, the following question has been referred by the tribunal to this court under section 256(1) of the income-tax act, 1961 :'whether, on the facts and in the circumstances of the case, the tribunal is correct in law in confirming the decision of the commissioner of income-tax (appeals) that the receipt of rs. ..... price terms as he may deem fit and shall not be under any obligation of procuring or requiring the purchaser thereof to enter into any agreement with the operator for the purpose of operating and managing the hotel or otherwise ; (c) that should the receiver succeed in selling or disposing of the said property to any party, the principal agreement and this agreement shall upon completion of such sale as may then be made ..... a revenue receipt and was chargeable to income-tax.13. ..... or deprive him of what in substance is his source of income, termination of the contract being a normal incident of the business, and such cancellation leaves him free to carry on his trade (freed from the contract terminated), the receipt is revenue; where by the cancellation of an agency, the trading structure of the assessee is impaired, or such cancellation results in loss of what may be regarded as a source of the assessee's income, the payment made to compensate ..... from the receiver for termination of its original agreement to operate, manage or administer the singapore hotel was a revenue receipt assessable to income-tax as business income for the assessment year 1979-80. .....

Rameshwar Lal Ahuja Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2000)67TTJ(Chd.)411

..... the assessee is in appeal against the assessment order, dated 26-6-1997, made under section 158bc read with section 144 of the income tax act, 1961.the learned counsel, on directions of the tribunal filed revised grounds of appeal.ground no. ..... ) wherein it has been observed that with reference to statement recorded under section 132(4) that a legal and proper statement recorded under section 132(4) could be used as evidence in proceedings under the income tax act and if it could be proved that the statement had beer induced by wrong facts, it lost its evidentiary value. ..... he further submitted that the figures relating to these investments as mentioned in the chart accompanying the letter of surrender, are wrong and that the adi wanted computation on the said basis.the learned departmental representative submitted that the assessee cannot claim the benefit of entire assessed income of rs. ..... he further observed that on being confronted the assessee stated that the said cash was unaccounted receipt from hotel unique, hotel pushpak, hotel kohinoor and beauty palace. ..... cit (1980) 125 itr 239 (p&h) wherein it was observed that "the orders passed in agreement cannot give rise to grievances and the same cannot be agitated in appeal". .....

Deputy Commissioner of Income Tax Vs. Hotel Samode Palace

Court : Income Tax Appellate Tribunal ITAT Jaipur

Reported in : (2006)100TTJ(JP.)1080

..... provisions of food and/or drink has been treated as a services provided by a hotel and is, therefore, chargeable for expenditure-tax.had food or drink been a sale (as construed by the ao) then in that case the expenditure incurred on the same will not be chargeable under the expenditure-tax act because the expenditure-tax act does not enlarge its jurisdiction in respect of the sales effected in a shop even though the same is located in a hotel. ..... had the legislation intended only the foreign currency collection as the mere motive and also the allowability of deduction on all receipts ancillary to original business of hotel running, then there should not have been any reasons to include sub-section (2) which reads that such deduction be available on only sale of service provided to foreign tourists, and not on sale of any goods or merchandise in any shop owned or managed by the person who carries on the said business. ..... before we take any view on the issue in the present appeal, we have to look into the provisions of section 80hhd(1) of the act which provides that in computing the total income of the assessee a deduction of a sum equal to aggregate of-- (a) fifty per cent of the profits derived by him from services provided to foreign tourists; and (b) so much of the amount out of the remaining profits referred to in .....

Joint Commissioner of Vs. Kwality Cafe and Restaurant (P.)

Court : Income Tax Appellate Tribunal ITAT Chandigarh

Reported in : (2007)105ITD169(Chd.)

..... (i) that the first consideration before holding a receipt to be profits or gains of business within section 10 of the income-tax act was to see if there was a business at all of which it ..... the first three years after the termination of the agency two-fifths of the commission accrued on its sales in the territory of the appellant's agency computed at the rates at which the appellant had formerly been paid and in addition in the third year full commission for the sales effected in that year ..... agreement gave the assessee a right to exercise the option of purchasing the hotel in case its owners desired to transfer the same during the currency of the ..... allowed to use the brand name 'kwality' in respect of the hotel business without the starburst logo without any hindrance from the parties to the ..... in terms of an agreement dated 2-11-1970, the company agreed to operate the hotel known as hotel oberoi imperial for which the assessee-company was to receive a certain fee called management fee which was calculated on the basis of gross ..... the receipt in the hands of the person who receives it though in trying to find out the quality of the receipt one may have to examine the motive out of which the payment was made.oberoi hotel (p. ..... been reiterated, the assessee has been specifically allowed to use the name of 'kwality' without using the star-burst for six existing restaurants and future establishments of hotel/ restaurant business which were in pipeline at various stations at that time. .....

The J.C.i.T., Special Range-1 Vs. Kwality Cafe and Restaurant (P)

Court : Income Tax Appellate Tribunal ITAT Chandigarh

..... (i) that the first consideration before holding a receipt to be profits or gains of business within section 10 of the income-tax act was to see if there was a business at all of which it could be said to be income ..... paid for the first three years after the termination of the agency two-fifths of the commission accrued on its sales in the territory of the appellant's agency computed at the rates at which the appellant had formerly been paid and in addition in the third year full commission for the sales effected in that year at the same rates ..... article xviii of the said agreement gave the assessee a right to exercise the option of purchasing the hotel in case its owners desired to transfer the same during the currency of the agreement. ..... in terms of an agreement dated november 2, 1970, the company agreed to operate the hotel known as hotel oberoi imperial for which the assessee-company was to receive a certain fee called management fee which was calculated on the basis of gross operating profits as provided in the agreement ..... , the assessee was allowed to use the brand name 'kwality' in respect of the hotel business without the star-burst logq without any hindrance from the parties to the agreement.6. ..... of delhi and the assessee have been reiterated, the assessee has been specifically allowed to use the name of 'kwality' without using the star-burst for six existing restaurants and future establishments of hotel/restaurant business which were in pipeline at various stations at that time. .....

income-tax Officer Vs. Ghanshyam A. Pandit

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (1987)22ITD140(Ahd.)

..... he has not given deduction regarding this expenditure from professional receipts of the appellant, for want of proof probably the appellant might not have given adequate evidence before the income-tax officer and the income-tax officer was justified in not giving deduction in respect of the same expenditure while computing the total income of the assessee. ..... assessee was asked to clarify during the coarse of previous hearing under section 144b as to how these hotel bills could be claimed as deduction from his professional receipts. ..... 14,400 levied by the income-tax officer under section 271(1)(c) of the act is, therefore, cancelled and the appeal is allowed.8 ..... ito refrained the assessment pursuant to the order of the aao on 20-9-1980 and adopted the professional income (net) at a figure of rs. ..... 050 relates to expenditure on travelling hotel bill and sundry expenses. ..... naturally involved air-travel, taxi-travel, hotel charges and conference charges. ..... that even the ex-ruler in his letter to the ito had accepted that he had not reimbursed hotel bills to the assessee. ..... is also a, fact that the ex-ruler in his deposition and written reply clearly stated that he has not reimbursed the 'hotel bills' pertaining to the taj mahal hotel. ..... assessee has not given any details of so called expenses except what he pointed that the three taj mahal hotel letter pad. ..... 050 on account of "hotel bills" and for purposes of evidence he has placed on record three sheets from the letter pad of the taj mahal hotel. .....

Poona Industrial Hotels Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (1993)45ITD587(Pune.)

..... inamdar, learned counsel for the assessee heavily relied on the definition of hotel contained in section 2(6) of the expenditure tax act and urged that the entire gamut of computation of chargeable expenditure is to be considered only with reference to such definition and nothing else. ..... in the assessment proceedings before the assessing officer, inter alia, the assessee claimed that the licence fees received from letting out various shops and offices should not be included in the "chargeable expenditure" as they do not fall within the definition of "hotel" because rent does not fall under the definition of chargeable expenditure and thus the rental income was outside the scope of charging section 3 of the expenditure tax act.7. ..... admittedly, such sales including the catering supplies made to indian airlines flight kitchen are all accounted for as business receipts of hotel blue diamond for the purpose of income tax. ..... on this basis, the commissioner (appeals) gave a finding that the hiring or leasing of a part of a hotel building is not distinct from its hotel business itself and this fact was reinforced by the fact that the assessee has been showing rent receipt from the various shops and offices let out to third parties as part of its hotel business income. ..... for the purpose of income-tax, such net receipt is accounted for as business receipts. ..... act, inclusion of service charges in the receipts and payment is a contra entry not affecting the taxable income under the i.t. .....

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. .....

The Income-tax Officer Vs. Sheetal Khurana Food (P) Ltd.

Court : Income Tax Appellate Tribunal ITAT Amritsar

..... issued a questionnaire to the assessee, asking it to explain as to why it should not be brought under sections 22 to 25 of the income tax act, and as to why the income received from cfcfil be considered as income from house property, since the very nature of the receipt was rental income and the case appeared to be covered against the assessee in view of the decision of the hon' ..... period, there had been no other business activity of the assessee, but for the lease under consideration; that all the receipts of the company were on account of rent only; that the main objects of the company did not include hotel/restaurant business; that the assessee was, in fact, the owner of the property, but it had wrongly contended that it ..... license threw clear light on its motive of running of hotel/restaurant and serving drinks; that the assessee's action in further leasing out only the upper floor, and not the whole property, for a short limited period and in further agreeing to ..... limited period only; that the actions of the assessee certainly part took of those of a business man exploiting his property/asset, as explained and to reduce the losses due to non completion of the hotel/restaurant project; that it is the motive, intention and actual activity of the assessee in dealing with the property, which is relevant; that the action of the assessee in applying for a pub .....