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2011 (12) TMI 247 - AT - Income TaxDeduction u/s 80IB(7)(a)/80IB(7)(b) Hotel business A.O. denied exemption u/s 80IB(7)(a) on the ground of non-obtention of approval by assessee from prescribed authority but did not adjudicated on availability of exemption u/s 80IB(7)(b) - assessee filed approval for exemption u/s 80IB(7)(b) obtained from the Department of Tourism but confined itself only with the claim u/s 80IB(7)(a) before A.O. Held that:- It is strange to note that once the assessee has obtained approval u/s 80IB(7)(b), how it becomes eligible for deduction u/s 80IB(7)(a) because the percentages of deductions are different depending upon the location of the hotels. It cannot be said that if deduction under clause (a) is not allowed it should be allowed under clause (b). In the instant case, claim under clause (b) has not been adjudicated upon by the A.O. Thus, the order is set aside and matter is restored to file of A.O. for fresh adjudication Decided in favor of assessee for statistical purposes.
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