2015 (9) TMI 68 - AT - Income Tax

Deduction under section 80IB(10) - Held that - Entrepreneurial risk in the present case was undisputedly borne by the assessee, we confirm the stand taken by the ld CIT(A) and grant of deduction under section 80IB(10) to the assessee, and decline to interfere in the matter. See Shri Umeya Corporation vs. Income Tax Officer 2015 (9) TMI 108 - ITAT AHMEDABAD - Decided in favour of assessee.

Summary

Issues:
1. Correctness of CIT(A)'s orders for assessment under section 143(3) of the Income Tax Act, 1961 for AY 2007-08 & 2008-09.
2. Eligibility of deduction under section 80IB(10) for the appellant.
3. Whether the appellant fulfilled the conditions for claiming deduction under section 80IB(10).
4. Dispute over ownership of land for the housing project.

Analysis:

Issue 1: Correctness of CIT(A)'s orders
The Assessing Officer challenged the correctness of the CIT(A)'s orders for AY 2007-08 & 2008-09. The appeals were disposed of together due to identical issues. The appellant raised common grounds in both appeals, questioning the CIT(A)'s directions for allowing the deduction under section 80IB(10) of the Act.

Issue 2: Eligibility of deduction under section 80IB(10)
The primary issue revolved around the eligibility of the appellant for deduction under section 80IB(10) of the Act. The Assessing Officer denied the deduction, citing that the appellant was not the owner of the land on which the housing project was built. However, the CIT(A) reversed this decision and allowed the deduction after considering the completion of the project within the specified time frame as required by the Act.

Issue 3: Fulfillment of conditions for claiming deduction
The CIT(A) held that the appellant fulfilled the conditions laid down for claiming deduction under section 80IB(10) despite the land being owned by two separate Co-operative Societies. The CIT(A) emphasized that the appellant undertook the responsibility to execute the project and abide by its terms and conditions, making the appellant eligible for the deduction.

Issue 4: Dispute over ownership of land
The Tribunal referred to a previous decision by the jurisdictional High Court, emphasizing that ownership of the land by the assessee is not a prerequisite for claiming deductions under section 80IB(10). The Tribunal highlighted that as long as the assessee bears the entrepreneurship risk in executing the project, they are eligible for the deduction, regardless of land ownership.

In conclusion, the Tribunal dismissed the appeals filed by the Assessing Officer for both AY 2007-08 and 2008-09, confirming the CIT(A)'s decision to grant the deduction under section 80IB(10) to the appellant. The judgment emphasized the importance of entrepreneurship risk in determining eligibility for deductions under the Income Tax Act, irrespective of land ownership.