DCIT - 3(3)(2), MUMBAI vs. V. HOTELS LTD.(FORMERLY KNOWN AS TULIP HOSPITALITY SERVICES LTD), MUMBAI
What did the Tribunal hold?
The Tribunal held that depreciation on FSI is allowable at 10% on the entire cost, following its own prior decision. It also upheld the allowance of depreciation on intangible assets and the deletion of interest disallowances, finding no reason to interfere with the CIT(A)'s orders.
What were the facts?
The Revenue appealed ITAT orders for AY 2012-13 to 2016-17 concerning depreciation on FSI and intangible assets, and disallowance of interest. The assessee, formerly Tulip Hospitality Services Ltd., is in the hotel business.
What were the issues?
The key issues were the correct rate and basis for depreciation on FSI and intangible assets, and the allowability of interest expenses when interest-free advances were given to sister concerns.
Which sections of the Income-tax Act were involved?
Section 32,Section 36(1)(iii),Section 40(a),Section 40A(2)(a)
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Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Reliance Utilities & Power Ltd.2,118 citing313 ITR 340 · 2009 · HC
- Premji Khimraj Shah v. ITO11 citing118 ITR 216 · 1979
Income Tax Appellate Tribunal, “F” Bench, Mumbai
Heard together (5 matters)
Read from the judgment's own cause title. This page is filed under one of them.
Per B.R.Baskaran (AM) :-
The Revenue has filed these appeals relating to A.Y. 2012-13 to 2016-17 challenging the orders passed by learned CIT(A)-8, Mumbai.
Since some of the issues in these appeals are identical in nature, they were heard together and are being disposed of by this common order, for the sake of convenience.
The assessee was formerly known as Tulip Hospitality Services limited. It is engaged in the hotel business.
The first common issue conteste
The order continues below.
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