2014 (10) TMI 973 - AT - Income Tax

Disallowance of deduction u/s 80IB(10) on income from leave & license fees and Miscellaneous Income - Held that - Considering the fact that the unsold flats, being stock-in-trade of the housing project, being the immediate source of the impugned rental income, we find direct nexus of the said income to the housing project on hand. Therefore, the said income is derived from the housing project, making the income eligible for deduction u/s 80IB(10) of the Act. Therefore, the conclusions drawn by the CIT (A) are not sustainable in law. - Decided in favour of assessee Regarding the miscellaneous income as held by the Revenue Authorities as ineligible income for the purpose of deduction u/s 80IB(10) we find, the Income Tax Authorities has not gone into the facts relating to this income. As per the Ld Counsel, the same constitutes reimbursements of maintenance charges by the flat owners. This is the reimbursement of expenses incurred by the assessee to the housing society of the housing project. Such reimbursement does not constitute income of the assessee. The Revenue Authorities have wrongly held it as income and treated the same as ineligible for claim of deduction - this matter should visit the file of the AO for fresh adjudication after analyzing the relevant facts. - Decided in favour of assessee for statistical purposes.

Summary

Issues:
- Allowability of deduction u/s 80IB(10) on income from leave & license fees and miscellaneous income
- Levy of interest u/s 234B of the Act

Analysis:

Issue 1: Allowability of deduction u/s 80IB(10) on income from leave & license fees and miscellaneous income

The appellant, a builder engaged in a housing project, claimed deduction u/s 80IB of the Act for rental income earned from unsold flats under the "leave and license system." The dispute centered on whether such income was eligible for deduction. The appellant argued that the rental income was integral to the housing project and should be considered eligible profits. They cited precedents where similar incomes were deemed eligible. The Revenue Authorities contended that such receipts were not allowable profits. The Tribunal found a direct nexus between the rental income and the housing project, making it eligible for deduction u/s 80IB(10) of the Act. The Tribunal reversed the CIT (A)'s order, allowing the appellant's claim regarding rental income. Regarding the miscellaneous income of &8377; 14,500, held as ineligible by the Revenue Authorities, the Tribunal remanded the issue to the AO for fresh adjudication, noting it was reimbursements of maintenance charges, not income.

Issue 2: Levy of interest u/s 234B of the Act

The second issue related to the levy of interest u/s 234B of the Act. The Tribunal deemed the adjudication of this issue as academic due to its consequential nature. Consequently, the Tribunal dismissed ground no.2 concerning the levy of interest. The appeal was partly allowed for statistical purposes, with the Tribunal directing a fresh adjudication for the miscellaneous income issue and dismissing the interest levy issue as academic.

In conclusion, the Tribunal partially allowed all three appeals filed by the assessee for statistical purposes, making significant determinations on the eligibility of rental income for deduction u/s 80IB(10) and the levy of interest u/s 234B of the Act. The judgments delivered by the Tribunal provide clarity on the interpretation and application of relevant provisions in tax law, ensuring a fair and just outcome for the parties involved.