2013 (11) TMI 1694 - AT - Income Tax

Summary

Issues involved:
The appeal concerns the allowability of deduction u/s 80IB(10) of the Act for the assessment year 2007-2008.

Deduction u/s 80IB(10) - Completion of Project:
The Assessing Officer contended that the project was not completed before 31/03/2008 as required by section 80IB(10)(a)(i) of the Act. However, the CIT(A) found no merit in this objection and deleted the disallowance made by the Assessing Officer.

Deduction u/s 80IB(10) - Commercial Area Limit:
Another objection raised by the Assessing Officer was that the approved commercial area exceeded 5% of the built-up area of the project. The CIT(A) refuted this objection, citing relevant rules of the local authority, and concluded that none of the flats exceeded the permissible built-up area.

Non-furnishing of Prescribed Reports:
The Assessing Officer alleged that the assessee failed to provide the required audit report in Form No.10CCB and did not prepare separate profit & loss account and balance sheet for the Metro City Project. However, the CIT(A) found these observations to be incorrect, as the necessary documents were available and verifiable, leading to the dismissal of this objection.

Judicial Precedents and Arguments:
The parties relied on various judicial pronouncements to support their respective positions. The Assessing Officer supported the assessment order with reference to a Supreme Court judgment, while the assessee's representative cited relevant case laws in favor of the assessee's position.

Decision and Conclusion:
After considering the submissions and evidence, the Tribunal found that none of the objections raised by the Assessing Officer were valid. Consequently, the appeal of the Revenue was dismissed, affirming the order of the CIT(A) regarding the allowability of deduction u/s 80IB(10) for the assessment year in question.