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TMI Blog2016 (11) TMI 1597X X X X Extracts X X X X X X X X Extracts X X X X ..... dent : Shri G.Seetharaman, C.A. ORDER PER N.R.S. GANESAN, JUDICIAL MEMBER: Both the appeals of the assessee are directed against the respective orders of the CIT(A) dated 14.12.2015 for the Assessment Years 2006-07 & 2012-13. 2. Shri Supriyo Pal, the learned department representative submitted that the assessee-company is engaged in the business of running a four star hotel. In the course of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itely is in the capital field. Therefore, the CIT(A) is not justified in allowing the claim of the assessee. 4. We have considered the rival submissions on either side and perused the relevant material available on record. The assessee company is running a four star hotel in the city. In the course of its business activity, admittedly, the assessee incurred expenditure for replacing the mosaic fl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e has purchased Air Conditioner Machine, Dishwash Machine, Resto Pub Audio Video for Rs. 59,50,665/- and claimed the same as 'revenue expenditure'. According to the learned representative, Air Conditioner Machine, Dishwash Machine, Resto Pub Audio Video are all capital in nature. Therefore, it cannot be allowed as revenue expenditure. On a query from the bench, whether the assessee has replaced th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve considered the rival submissions on either side and perused the relevant material available on record. From the order of the lower authorities, it appears that the hotel run by the assessee was classified as four star hotel since 1971. Therefore, the assessee has to necessarily have Air Conditioner Machine, Dishwash Machine and Audio Video in Resto Pub. This Tribunal is of the considered opinio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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