Madras High Court
M/S. Oriental Hotels Limited vs The Assistant Commissioner Of ... on 1 August, 2022
T.C.A.Nos.99 and 100 of 2010 and MP.No.1 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2022
CORAM :
THE HONOURABLE MR. JUSTICE R. MAHADEVAN
and
THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ
T.C.A.Nos.99 and 100 of 2010
and
MP.No.1 of 2010
M/s. Oriental Hotels Limited,
37, M.G.Road, Nungambakkam,
Chennai - 600 034. ... Appellant in both appeals
Versus
The Assistant Commissioner of Income Tax,
Company Circle - V,
Chennai. ... Respondent in both appeals
Appeals preferred under Section 260A of the Income Tax Act, 1961,
against the common order dated 30.01.2009 passed by the Income Tax
Appellate Tribunal, “B” Bench, Chennai, in I.T.A.Nos.1764 and
1964/Mds/2002.
For Appellant : Mr.Subbaraya Aiyar
For Respondent : Mr.T.Ravikumar,
Senior Standing Counsel
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T.C.A.Nos.99 and 100 of 2010 and MP.No.1 of 2010
COMMON JUDGMENT
(Judgment of this Court was delivered by R.MAHADEVAN, J.)
These tax case appeals have been filed by the appellant / assessee,
challenging the common order dated 30.01.2009 passed by the Income Tax
Appellate Tribunal, Chennai 'B' Bench, relating to the assessment year 1999-
2000.
2.By order dated 15.03.2010, this court admitted the aforesaid tax case
appeals on the following substantial questions of law:
TCA.No.99 of 2010:-
“Whether on the facts and in the circumstances of the case,
the Tribunal was right in holding that the credit for tax deducted
at sources withdrawn by the assessing officer should not be
excluded from the total income?"
TCA.No.100 of 2010:-
"(i) Whether on the facts and in the circumstances of the
case, the Tribunal was right in law in holding that interest
income earned on deposits, loans advanced to subsidiary
companies and inter corporate dividends which were in the
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T.C.A.Nos.99 and 100 of 2010 and MP.No.1 of 2010
course of and for the purpose of business should be assessed as
income from 'other sources' and not under the head profits and
gains of the business?
(ii) Whether on the facts and in the circumstances of the
case, the Tribunal was right in law in holding that sales tax,
expenditure tax and luxury taxes collected from the customers
and paid to the Government should be included in the total
business receipts?
(iii) Whether on the facts and in the circumstances of the
case, the Tribunal was right in law in holding that the amount
received from British Airlines towards settlement of the bills of
stay of their crew should not be included in the foreign exchange
receipts of the Appellant for the purpose of computation of
deduction under section 80HHD?
(iv) Whether on the facts and in the circumstances of the
case, the Tribunal was right in law in holding that 15% of
foreign currency converted into Indian rupees by foreign
tourists for settling the bills are not relatable to services
rendered by the appellant and hence should be excluded from
the export turnover for the purpose of computing relief under
section 80HHD?"
3. When these matters were taken up for hearing, the learned counsel for
the appellant sought permission of this Court to withdraw these Tax Case
Appeals. He has also made an endorsement to that effect in the Court bundle.
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T.C.A.Nos.99 and 100 of 2010 and MP.No.1 of 2010
4. In view of the above submission and endorsement made by the learned
counsel for the appellant, these Tax Case Appeals are dismissed as withdrawn,
keeping open the substantial questions of law for determination in appropriate
cases. No costs. Consequently, connected miscellaneous petition is closed.
(R.M.D., J.) (M.S.Q., J.)
01.08.2022
av
Internet : Yes
Index : Yes / No
To
1. The Income Tax Appellate Tribunal,
Chennai 'B' Bench,
2. The Assistant Commissioner of Income Tax,
Company Circle - V,
Chennai.
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T.C.A.Nos.99 and 100 of 2010 and MP.No.1 of 2010
R. MAHADEVAN, J.
and
MOHAMMED SHAFFIQ, J.
av
T.C.A.Nos.99 and 100 of 2010
and
MP.No.1 of 2010
01.08.2022
https://www.mhc.tn.gov.in/judis
