Inox Leisure Ltd.,, Baroda vs Assessee on 5 August, 2014
He placed on record the copy of the
aforesaid decision at page 57 to 65 of the paper book and pointed to the
relevant para at page 63 and 64 of the paper book. Ld. A.R. submitted
that Hon'ble Delhi Tribunal in the case of PVR Ltd. in ITA No.
1897/Delhi/2010 (order dated 20.04.2012) has decided the issue in favour
of the Assessee. He pointed to the relevant findings of Hon'ble Tribunal
at page 53 to 55 of the paper book. He also relied on the decision in the
case of CIT vs. Ellora Time Pvt. Ltd. in Tax Appeal No. 1109/A/2010
order dated 16.08.2011 decision of Hon'ble Gujarat High Court. He thus
submitted that the amount of entertainment tax received by the Assessee
was capital in nature and therefore not taxable and further the same also
11 ITA Nos. 272, 273, 441 & 1097/A/2010
. A.Ys. 2006-07 & 2007-08
could not be reduced from the block of assets for the purpose of
calculation of depreciation.