2012 (10) TMI 1093 - HC - Income Tax

Summary

Issues involved: Appeal against Income Tax Appellate Tribunal's judgment for assessment year 2004-05 regarding deduction under section 80IB(10), addition under sections 68 and 69C, and disallowance of deduction.

Deduction under section 80IB(10): The respondent-assessee, engaged in construction, claimed deduction under section 80IB(10) for a housing project. Dispute arose due to commercial construction in the project. Tribunal upheld the deduction, noting project approval and small utility shops for residents. Citing Bombay High Court precedent, Tribunal rejected revenue's appeal. Section 80IB(10) did not limit commercial construction then, and Tribunal rightly granted deduction excluding commercial area.

Addition under sections 68 and 69C: Assessing Officer made additions under sections 68 and 69C, later partially upheld by Commissioner (Appeals) and Tribunal. Both forums found no justification for full additions based on evidence. As issues are factual and both lower authorities concurred, no legal questions arise. Consequently, the tax appeal was dismissed.