2012 (4) TMI 462 - HC - Income Tax

Deduction u/s 80-IB (10) - the sanction plan was issued on 4.4.2005 making it clear it comes into effect from 4 4.2005 and will be in force till 3.4.2007. Assessee contended as the approval was granted on 28.3.2005. he is entitled to the benefit under Section 80-IB(10) of the Act from the assessment year 2005-06 onwards - Held that it was communicated to the assessee on 4.4.2005 and in law he should have 2 years time to complete the construction, the said communication and the sanctioned letter made it clear the time for completing the construction starts from 4,4,2005 and it ends on 3.4.2007 - As per the judgment of the Bombay High Court, once approval is granted it dates back to the date of application. Even that exercise is not to be done in this case, as the date of approval is 28.3.2005 the assessee is entitled lo the benefit for the assessment year 2005-06 - Decided in favor of the assessee

Summary

Issues:
Appeal against order granting benefit under Section 80-IB(10) for assessment years 2005-06, 2006-07, and 2007-08.

Analysis:
The appeals were filed by the revenue challenging the order granting the assessee benefits under Section 80-IB(10) for the mentioned assessment years. The main issue revolved around the date of approval for the construction project undertaken by the assessee. The assessee claimed exemption under Section 80-IB of the Income-tax Act, 1961. The approval for the project was granted on 28.3.2005, and the sanction plan was issued on 4.4.2005, specifying that it would be in force until 3.4.2007. The assessing authority initially denied the benefit based on the date of communication of approval, which was 4.4.2005. However, the Appellate Commissioner held that the approval date, 28.3.2005, was crucial, and since the approval was obtained on that date, the benefit should be granted to the assessee.

The revenue, aggrieved by the Appellate Commissioner's decision, appealed to the Tribunal. The Tribunal referred to a judgment of the Bombay High Court, which stated that approval should relate back to the date of application. The Tribunal concluded that the approval should be considered effective from the date of application, i.e., 8.10.2004. Therefore, the assessing authority was incorrect in denying the benefit to the assessee. The Tribunal dismissed the revenue's appeal based on this reasoning.

The High Court upheld the Tribunal's decision, emphasizing that the approval date of 28.3.2005 was the crucial factor. The court reiterated the principle from the Bombay High Court judgment that once approval is granted, it dates back to the application date. In this case, since the approval was granted on 28.3.2005, the assessee was entitled to the benefit for the assessment year 2005-06. The court found no justification to interfere with the Tribunal's well-considered decision and dismissed the appeals. The substantial questions of law were answered in favor of the assessee and against the revenue.