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2014 (2) TMI 303 - AT - Income TaxEligibility to claim deduction u/s 80IB of the Act Non-fulfillment of the condition of limitation for built up area - Whether the amendment to Section 80IB(10)(d) having been made effective from 1.4.2005 is to be held retrospective or prospective Held that - The assessment years which also falls after the amendment made by insertion of Clause (d) to section 80IB(10) of the Act applicable from 1.4.2005 has held that the assessee is eligible for deduction u/s 80IB(10) of the Act in respect of the housing project - there is no change in facts and circumstances in the assessment years under consideration viz assessment years 2007-08 and 2008-09 Relying upon Manan Corporation V/s ACIT 2012 (9) TMI 700 - Gujarat High Court - the orders of ld. CIT(A) upheld and the assessee is entitled for deduction u/s 80IB(10) of the Act for both the assessment years under consideration Decided against Revenue. Return not filed within time limit u/s 139(1) of the Act Held that - sub-section (1) and (4) of section 139 have to be read together and in such a reading the return made within the specified time under sub-section (4) has to be considered as having been made within the time prescribed u/s 139(1) or (2) of the Act The decision in Trustees Of Tulsidas Gopalji Charitable And Chaleshwar Temple Trust Versus Commissioner Of Income-Tax 1993 (9) TMI 75 - BOMBAY High Court followed - Decided against Revenue.
Issues:
- Eligibility of the assessee to claim deduction u/s 80IB of the Income Tax Act, 1961 for assessment years 2007-08 and 2008-09. Analysis: 1. The department filed appeals against the orders of the ld. CIT(A) for assessment years 2007-08 and 2008-09, challenging the allowance of deduction under section 80IB to the assessee. The main contention was regarding the commercial space of the assessee's project exceeding the permissible limit as per clause (d) of section 80IB(10) inserted w.e.f. 1.4.2005. The department argued that the commercial area exceeded 5% of the built-up area, thus disqualifying the assessee from claiming the deduction. 2. The ld. CIT(A) allowed the deduction for both assessment years based on previous decisions and interpretations. For the assessment year 2007-08, the CIT(A) referred to an earlier ITAT order directing the AO to re-examine the claim of the assessee. In the case of 2008-09, the CIT(A) relied on the decision of the Hon'ble Bombay High Court, stating that if the project was approved before 1.4.2005, the area restriction would not be applied strictly. The commercial area in the assessee's project was within permissible limits as per the High Court's interpretation. 3. Regarding the delay in filing the return of income for the assessment year 2008-09, the ld. CIT(A) held that the return filed within the extended time under section 139(4) should be treated as filed within the original time limit under section 139(1). This decision was supported by precedents from various High Courts and ITAT rulings, emphasizing the importance of considering the extended filing period in determining eligibility for deductions. 4. During the hearing, the department reiterated its stance, citing the amendment to section 80IB(10) and the commercial area exceeding the prescribed limit. However, the assessee's representative argued that the project's approval predated the amendment, making the deduction applicable as per previous interpretations and decisions. The Tribunal upheld the CIT(A)'s orders, noting consistency with previous decisions and interpretations, including those by the ITAT and High Courts. 5. In conclusion, the Tribunal dismissed the department's appeals for both assessment years, affirming the eligibility of the assessee for deduction u/s 80IB(10) based on previous rulings and interpretations. The orders of the ld. CIT(A) were upheld, emphasizing the importance of considering project approval dates and extended filing periods in determining the applicability of deductions. This comprehensive analysis covers the issues raised in the legal judgment, detailing the arguments, interpretations, and final decisions made by the authorities involved.
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