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2018 (12) TMI 1582 - AT - Income TaxDisallowance of deduction u/s.80ID - assessee is engaged in the business running of hotel in the name of ‘Bizzotel Hotel’ in Gurgaon - revised return - Held that:- Once the assessee has disclosed such a huge amount of receipts from hotel business and there is no other material on record before the Department to hold that the assessee had some other business or sources of income, then it has to be reckoned that receipts are purely from the hotel business and if that is so, then assessee is eligible for deduction u/s.80ID. Claim of the deduction in the revised return - Held that:- From the perusal of the same, we find that there is an income tax return dated 31.03.2009 vide e-filing acknowledgement no. 67426740310309 wherein assessee has claimed deduction under Chapter-VIA amounting to ₹ 2,28,96,593/-. Original return of income has also been filed before us. Once it is an undisputed fact that revised return has been filed and claim has been made by the assessee, then such a claim has to be entertained by the Assessing Officer and this fact has been duly appreciated by the CIT (A) as incorporated above. Apart from that, on merits also assessee is eligible for deduction u/s.80ID which we have already discussed in detail while deciding the appeal for the Assessment Year 2009-10. Thus, we do not find any infirmity in the order of the ld. CIT (A). Accordingly, the appeal of the Revenue is dismissed.
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