2012 (5) TMI 568 - AT - Income Tax

Deduction made on account of 80IB(10) - Held that - Once the matter is going back for reconciliation, then the agreements connected to the land and the details of the approval granted by the local authority permitting to develop the housing project can also be examined if deem fit. Since the Hon ble High Court in the case of Radhe Developers India Ltd. 2009 (4) TMI 21 - GUJARAT HIGH COURT has given the verdict in favour of the assessee after due ascertainment of these basic facts, therefore it is appropriate first to place on record all these information and then if facts are identical consequently thereupon, the cited decision has to be followed to dispose of the issue. With these directions, we hereby allow the ground of the Revenue that too for statistical purposes only.

Summary

Issues:
- Whether the assessee is entitled to deduction u/s. 80-IB(10) of the Income Tax Act.
- Whether the conditions prescribed u/s. 80-IB(10) have been fulfilled by the appellant firm.

Analysis:
1. Issue 1: Entitlement to Deduction u/s. 80-IB(10)
- The Revenue appealed against the deletion of an addition of Rs. 25,85,970/- made by the CIT(A) on account of deduction under section 80-IB(10) of the Income Tax Act.
- The Assessing Officer noted that the assessee was not the owner of the housing project and therefore not entitled to the deduction.
- The first appellate authority, however, considered relevant clauses of the development agreement and concluded that the appellant had acquired dominance over the land and developed the housing project, fulfilling all conditions of section 80-IB(10).
- The appellate authority relied on previous decisions and allowed the deduction, stating that the appellant had fulfilled all conditions prescribed under the Act.

2. Issue 2: Fulfillment of Conditions under Section 80-IB(10)
- The Tribunal considered the observations of the Gujarat High Court in a previous case, emphasizing the need to examine specific facts to determine the eligibility for deduction under section 80-IB(10).
- The Court outlined various guidelines for assessing the eligibility criteria, such as examining the terms of the development agreement, determining the responsibility for project execution, assessing ownership and control over the project, and evaluating financial arrangements and risk elements.
- The Tribunal directed a detailed examination of these factors and emphasized the importance of ascertaining possession over the land, financial arrangements, and risk elements associated with the housing project.
- The Tribunal concluded that the matter needed further examination based on the guidelines provided by the High Court, allowing the Revenue's appeal for statistical purposes only.

In conclusion, the Tribunal's judgment focused on the eligibility of the appellant firm for deduction under section 80-IB(10) of the Income Tax Act. The decision highlighted the importance of fulfilling specific conditions and examining various factors to determine entitlement to the deduction. The Tribunal directed a detailed review of the relevant aspects based on guidelines provided by the High Court, allowing the Revenue's appeal for statistical purposes to facilitate further examination of the case.