COMMISSIONER OF INCOME TAX vs. BHARAT HOTELS LTD

IN THE HIGH COURT OF DELHI AT NEW DELHI . 03.01.2011 . . Present: Ms. Prem Lata Bansal, Sr. Standing Counsel for the appellant/Department. Mr. Prakash Kumar, Advocate for the respondent assessee. . + ITA 2084/2010 . After hearing the counsel for the parties, we admit the appeal on the following substantial questions of law:- ?(i) Whether the ITAT was correct in law in deleting the addition of Rs 54 lac made by the Assessing Officer on account of interest free deposits received by the assessee from shops? . (ii) Whether the ITAT was correct in law in holding that the interest free deposits refundable on termination of lease to the allottees/sub- licensees by the assessee was not the revenue receipt and therefore, not taxable? . (iii) Whether ITAT was correct in law in allowing depreciation to the assessee in r/o WTC and WTT Building u/s 32 of the Act? . (iv) Whether the ITAT was correct in law in allowing depreciation to the assessee u/s 32 of the Act ignoring the material fact that assessee was not the owner of WTC and WTT building? . (v) Whether ITAT was correct in law in deleting the addition of Rs. 88,00,000/- made by the Assessing Officer as deemed dividend u/s 2 (22) (e) of the Act? . (vi) Whether the ITAT was correct in law in allowing deduction of Rs. 3,48,592/- and Rs. 1,83,72,557/- claimed by the assessee as expenses/interest incurred in relation to construction of new/various projects treating the same as revenue expenditure? . (vii) Whether ITAT was correct in law in allowing interest to the assessee without considering the provisions of Explanation 8 to Section 43 (1) of the Act?? . We may point out that in so far as proposed question of law ?(h)? is concerned, that is covered against the Revenue by a judgment of this Court in Commissioner of Income-Tax Vs. Aimil Ltd., 188 Taxman 265. Likewise, question no.?(k)? proposed by the Revenue, the same stands decided against the Revenue in ITA 107/2008 on 11th August, 2008. Filing of paper book dispensed with. To be heard alongwith ITA 271/2005 and other connected matters. . A.K. SIKRI, J. . M.L. MEHTA, J. . . JANUARY 3, 2011 skb . . #