2009 (5) TMI 566 - AT - Income Tax

Deduction under s. 80-IB(10) - 80-IB(10) entitles the deduction only to those claimant assessees who maintain their books of accounts on project completion method basis - Builder-cum-developer of a real estate is following work-in-progress method or project percentage completion method as against the work completion method or project completion method then what will be his entitlement for the deduction prescribed under s. 80-IB(10) of IT Act - At this point it is worth to mention that in the case of long-term contract, according to accepted principle of accountancy it is often appropriate to spread the estimated earning over the period of the completion of the project - The question of adoption of work-in progress method and declaration of profit as profit percentage completion method cannot be ruled out or in any manner to be discouraged - A taxpayer having housing project and fulfilling all other requirements of s. 80-IB(10) can adopt project percentage method to arrive at the eligible profits for claim of prescribed deduction subject to preliminary satisfaction of the AO about the year of completion of the project - The issue is decided in favour of the assessee

Summary

Issues:
- Disallowance of deduction under s. 80-IB(10) based on accounting method.

Analysis:

Issue: Disallowance of deduction under s. 80-IB(10) based on accounting method

The appeal was regarding the disallowance of a deduction under s. 80-IB(10) of Rs. 17,69,025 for a project named "Pate Sanskriti." The main issue was whether the claimant assessee could maintain books of accounts using the "percentage completion method" for claiming the deduction under s. 80-IB(10), or if the deduction was only available to those using the "project completion method." The AO disallowed the deduction as no sales were made for the project in question, and the profit was determined using the "percentage completion method." The CIT(A) affirmed the AO's decision based on the interpretation of s. 80-IB(10) that the deduction is not available for incomplete projects.

The Tribunal analyzed the purpose of s. 80-IB(10) which provides deductions for housing projects and noted that the section should be construed liberally to promote growth in the housing sector. It was observed that denying the deduction based on the accounting method used would create an absurd situation where developers following the "project percentage method" would be taxed but not entitled to the deduction. The Tribunal emphasized that the deduction should be granted in the same assessment year as the profit is taxed, and the Revenue should not tax profits yearly based on the "project percentage method" and grant deduction only on project completion.

The Tribunal concluded that a taxpayer fulfilling all requirements of s. 80-IB(10) could adopt the "project percentage method" for determining eligible profits for the deduction, subject to the AO's satisfaction about the project's completion year. The disallowance of the deduction was deemed erroneous, as there was no evidence to support the AO's apprehension, and the section did not debar claims for incomplete projects. The issue was decided in favor of the assessee, and the appeal was allowed.

This judgment clarifies the eligibility criteria for claiming deductions under s. 80-IB(10) and emphasizes the importance of interpreting tax provisions in a manner that promotes the intended objectives of the legislation while ensuring fairness to taxpayers.