2015 (10) TMI 174 - AT - Income Tax

Eligibility of deduction u/s 80IB(10) - whether CIT (Appeals) should not have granted deduction under section 80IB(10) proportionately in respect of the flats where built up area is less than 1500 sq.ft.? - whether the completed housing project did not satisfy the condition which mandates each residential unit should not exceed built up area of 1500 sq.ft? - Held that - As relying on case of CIT vs M/s Sanghvi and Doshi Enterprise 2012 (12) TMI 84 - MADRAS HIGH COURT we direct the Assessing Officer to allow the claim of the assessee for deduction under section 80IB(10) of the Act for the residential units where built up area is 1500 sq.ft or less. We affirm the order of the Commissioner of Income Tax (Appeals) on this issue and reject the grounds of appeal raised by the Revenue. - Decided in favour of assessee.

Issues Involved: Appeal by Revenue against CIT(A) order for assessment year 2008-09 regarding deduction under section 80IB(10) for completed housing project not meeting condition of residential unit size not exceeding 1500 sq.ft.

Comprehensive Analysis:

1. Issue of Deduction under Section 80IB(10): The appeal was filed by the Revenue against the CIT(A) order for the assessment year 2008-09, contending that the completed housing project did not meet the condition where each residential unit should not exceed a built-up area of 1500 sq.ft. The Departmental Representative supported the Assessing Officer's decision in rejecting the assessee's claim under section 80IB(10) of the Act.

2. Decision Based on Previous Tribunal Order: The Counsel for the assessee pointed out that a similar issue had been decided in favor of the assessee by the Tribunal in the assessee's own case for the assessment year 2006-07. The Tribunal had relied on the jurisdictional High Court decision and confirmed the CIT(A)'s order allowing the claim for deduction under section 80IB(10) for apartments with a built-up area of less than 1500 sq.ft.

3. Judicial Precedents and Arguments: The Tribunal analyzed the orders of lower authorities, the decision in the previous year's case, and the arguments presented by both sides. It was noted that the assessee had constructed a total built-up area of 52,099 sq.ft, with 18,129 sq.ft comprising apartments below 1500 sq.ft. The Assessing Officer had denied the proportionate claim for deduction under section 80IB(10), citing that the section did not allow for such disallowance.

4. Application of High Court Decision: The Tribunal referred to the decision of the Hon'ble Madras High Court in a related case, where it was observed that the deduction under section 80IB(10) is project-oriented and not based on the ownership of the land. The Tribunal, in line with the High Court decision, upheld the CIT(A)'s order allowing the claim for deduction for apartments with a built-up area of less than 1500 sq.ft.

5. Final Decision and Dismissal of Appeal: Following the precedent set by the Tribunal and the High Court decision, the Tribunal directed the Assessing Officer to allow the claim of the assessee for deduction under section 80IB(10) for residential units with a built-up area of 1500 sq.ft or less. The Tribunal affirmed the CIT(A)'s order and dismissed the grounds of appeal raised by the Revenue, ultimately dismissing the appeal.

In conclusion, the Tribunal's decision was based on the interpretation of relevant legal provisions, judicial precedents, and the specific facts of the case, ultimately upholding the deduction under section 80IB(10) for the assessee in accordance with the project-oriented nature of the provision.

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