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Case Law Details

Case Name : Niyant Heritage Hotels [P] Ltd Vs I.T.O (ITAT Delhi)
Appeal Number : ITA No. 2725/DEL/2016
Date of Judgement/Order : 15/12/2021
Related Assessment Year : 2011-12
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Niyant Heritage Hotels [P] Ltd Vs I.T.O (ITAT Delhi)

There Is no dispute that the assessee is running a resort at Raj Niwas Palace, Dholpur. It Is also not In dispute that being a tourist place, the occupancy is not throughout the year but only in seasons favourable to the tourists. Therefore, basis the revenue of some months, it cannot be construed that the asset was used only for less than 180 days. We, therefore, direct the Assessing Officer to allow depreciation for entire year.

FULL TEXT OF THE ORDER OF ITAT DELHI

This appeal by the assessee is preferred against the order of the CIT[A]- 20, New Delhi dated 16.03.2016 pertaining to Assessment Year 2011-12.

2. At the very outset, the ld. counsel for the assessee stated that he is not pressing Ground Nos. 1, 3 and 5 and the same are dismissed as not pressed.

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