The Commissioner Of Income Tax -Ii,Chandigarh v. M/S Amg Hotels (P) Ltd. Chandigarh

In the High Court for the States of Punjab and Haryana at Chandigarh… ITA No.650 of 2005 Date of decision:12.3.2008 The Commissioner of Income Tax -II,Chandigarh Appellant Versus M/s AMG Hotels (P) Ltd. Chandigarh Respondent Coram: Hon’ble Mr.Justice Satish Kumar MittalHon'ble Mr.Justice Rakesh Kumar Garg Present:Mr.S.K.Garg Narwana, Advocatefor the Revenue-appellant.Mr.Akshay Bhan, Advocatefor the respondents. Rakesh Kumar Garg,J 1.The Revenue has filed the present Appeal under Section260A of the Income Tax Act, 1961(for short ‘the Act’) against theorder of the Income Tax Appellate Tribunal, Chandigarh , Bench ‘B’Chandigarh (for short ‘the Tribunal’), dated 13.7.2005 passed in ITANo.661/CHANDI/2001 for the Assessment Year 1997-98 raising thefollowing substantial question of law: - “Whether on the facts and in the circumstances of thecase and in law, the order of the ITAT is perverse as theITAT has failed to appreciate the fact that the CIT(A)restricted the food cost ratio to 55 % only on conjecturesand surmises and without any evidence, whereas the Assessing Officer had based its order on the basis ofresults of 16 hotels/restaurants.” ITA No.496 of 2005 in which similar question of law onsimilar facts was raised by the Revenue has been dismissed by thisCourt by judgment of even date. Following the same reasoning, wefind no ground to interfere in the order of the Tribunal. No question oflaw arises in this appeal for our determination. Dismissed. (RAKESH KUMAR GARG) JUDGE March 12,2008 (SATISH KUMAR MITTAL) nk JUDGE