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Income Tax Appellate Tribunal, DELHI BENCH ‘B’: NEW DELHI
per Section 32 of the Act.
In so far as, the judicial pronouncements relied by the assessee are
concerned, since, the assessee himself has bifurcated the value of the land and
the building during the registration of conveyance deed and the stamp duty
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ITA Nos.3259 & 3208/Del/2015 Sanya Hospitality Pvt. Ltd. vs. ITO
has been collected by State Government based on the circle rate on the value of
the land and the building which are identifiable separately, the judicial
pronouncements relied by the assessee are not applicable to the present case,
Thus, we find no merit in the Ground No. 2 of the assessee, accordingly, we
dismiss the Ground No. 2 of the assessee.
The assessee has not pressed the Ground No. 3, accordingly, Ground
No. 3 is dismissed not pressed.
In the result, the Appeal of the assessee in ITA No. 3259/Del/2015 (A.Y
2010-11) is partly allowed for statistical purpose.
ITA No. 3208/DEL/2015 A.Y 2011-12
Even in the present appeal, the Ground No. 1 is regarding rejection of
claim of carry forward of unabsorbed depreciation. Considering the fact that
the assessee had not specified loss claimed by the assessee as either business
loss or unabsorbed depreciation in the return filed by the assessee, since, we
have remanded the similar issue to the file of the A.O. in Assessment Year
2010-11, finding the parity, the issue involved in the Ground No.1 of the
present Appeal is also remanded to the file of the A.O. for de-novo adjudication
with a direction to the assessee to substantiate its claim of unabsorbed
depreciation, accordingly Ground No. 1 of the assessee is partly allowed for
statistical purpose.
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ITA Nos.3259 & 3208/Del/2015 Sanya Hospitality Pvt. Ltd. vs. ITO 15. The Ground No. 2 is regarding disallowance of depreciation on land computed by the A.O. by estimating the cost of land out of the total consolidated cost of hotel building complex. We have already dealt with the said issue for the Assessment Year 2010-11 in ITA No. 3259/Del/2015 and held that the assessee is not eligible for depreciation on land cost and dismissed the Ground No. 2 in Assessment Year 2010-11, by finding the parity and applying the law, mutatis mutandis applies to AY 2011-12 and we find no merit in Ground No. 2, accordingly, the Ground No.2 of the Assessee is dismissed.
The assessee has not pressed the Ground No. 3, accordingly, Ground No. 3 of the assessee is dismissed that as not pressed.
In the result, Appeal in ITA No. 3208/Del/2015 (A.Y 2011-12 is partly allowed for statistical purpose.
Order pronounced in open Court on 17th August, 2023
Sd/- Sd/- (N.K. BILLAIYA) (YOGESH KUMAR U.S.) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 17/08/2023 Pk/R.N, Sr ps Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT
ASSISTANT REGISTRAR ITAT, NEW DELHI Page 13 of 14
ITA Nos.3259 & 3208/Del/2015 Sanya Hospitality Pvt. Ltd. vs. ITO
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