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2020 (4) TMI 783 - AT - Income TaxDisallowance the deduction u/s 80ID - receipts of the assessee amounts to rental charges from the hotel but not the business income sine the entire hotel operations are conducted by M/s Peppermint Hotel with whom the assessee entered into an agreement for running of the hotel - HELD THAT:- Liquor license issued by the Collector-cum-Excise & Taxation Commissioner is in the name of the assessee and so as the NOC for bar license, sanitary certificate and public performance license. The copy of the bank statement reflects the receipts and payments out of the assessee account. The labour department registration is in the name of the assessee and all the employees are on the role of the assessee firm and PF liable to is also tagged to the assessee being the employee. All the TDS certificates are received in the name of the assessee firm wherever applicable. See JAI MAHAL HOTEL (P.) LTD. VERSUS ASSISTANT COMMISSIONER OF INCOME-TAX [1997 (1) TMI 132 - ITAT DELHI-E] - The facts of the instant case that the entire material operations are being undertaken by the assessee and all the statutory requirements or complied by the assessee. All the receipts and payments pertaining to the operations of the hotel are being managed through the bank account of the assessee, we hereby hold that the assessee is in the business of running of hotel and accordingly, the provisions u/s 80ID of the Act are applicable to the case of the assessee in the instant year. - Appeal of the revenue is dismissed.
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