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2016 (5) TMI 1485 - AT - Income TaxClaim of pro-rata deduction u/s.80IB(10) - non-completion of the few buildings - Held that - We find the assessee in the instant case is an individual and engaged in the activity of Promoters and Builders in the name and fashion of Harshad Constructions . During the impugned assessment year the assessee has constructed a housing project at Ashok Nagar, Handewadi Road, Hadapsar, Pune. The commencement certificate for this project was received by the assessee on 14-02-2007 which was subsequently revised on various dates. As per the original plan passed by the Municipal authorities, there are three buildings, viz., A, B and C. The assessee has submitted the completion certificate only for Buildings B and C but did not furnish the completion certification for Building A on the ground that the same was not constructed. Since the plan was sanctioned for Buildings A, B and C and the assessee has completed only Buildings B and C and Building A was never constructed in appeal the Ld.CIT(A) following various decisions allowed the claim of pro-rata deduction in respect of Buildings B and C which were completed. No infirmity in the order of the CIT(A) granting pro-rata deduction to the assessee in respect of Buildings B and C which were completed. We find the Pune Bench of the Tribunal in the case of M/s. Kumar Company 2016 (2) TMI 231 - ITAT PUNE while deciding identical issue had allowed the claim of pro-rata deduction wherein held AO cannot reject the claim of deduction u/s.80IB(10) of the entire project for non-completion of the few buildings. We therefore set aside the order of Ld.CIT(A) and direct the AO to allow pro-rata deduction claimed u/s.80IB(10) - Decided in favour of assessee.
Issues Involved:
1. Eligibility for deduction under section 80IB(10) of the Income Tax Act. 2. Completion of the housing project within the stipulated time. 3. Pro-rata deduction for incomplete projects. 4. Interpretation of "housing project" under section 80IB(10). Detailed Analysis: 1. Eligibility for Deduction under Section 80IB(10): The primary issue revolves around the eligibility for deduction under section 80IB(10) of the Income Tax Act. The assessee, engaged in the business of Promoters and Builders, claimed a deduction of ?3,05,70,196/- for a housing project. The Assessing Officer (AO) disallowed this deduction on the grounds that the project was incomplete as Building A was not constructed, and there was no separate plan for Buildings B and C. The AO emphasized that section 80IB(10) pertains to the entire project and not individual buildings. 2. Completion of the Housing Project: The AO noted that the commencement certificate for the project was received on 14-02-2007, and the final completion certificate had to be obtained by 31-03-2012. However, the assessee only obtained completion certificates for Buildings B and C. The AO argued that since Building A was not constructed, the project was incomplete, and thus, the deduction under section 80IB(10) was not permissible. 3. Pro-rata Deduction for Incomplete Projects: The CIT(A) allowed the pro-rata deduction for Buildings B and C, which were completed and obtained occupancy certificates. The CIT(A) observed that the assessee had genuine difficulties in constructing Building A due to possession issues with the land. The CIT(A) relied on various judicial precedents to support the view that deduction could be allowed on a proportionate basis for the completed buildings. 4. Interpretation of "Housing Project": The CIT(A) and the Tribunal referred to several judicial decisions that interpreted the term "housing project" under section 80IB(10). It was noted that the term could be applied to individual buildings within a project, and proportionate deduction could be granted for the buildings that met the conditions of section 80IB(10). Judgment: The Tribunal upheld the CIT(A)'s decision to allow pro-rata deduction for Buildings B and C. It was noted that various judicial precedents supported the view that proportionate deduction could be allowed for the completed units of a housing project. The Tribunal referred to decisions from different High Courts and Tribunal Benches, which consistently held that deduction under section 80IB(10) could be granted on a proportionate basis for the eligible units of the housing project. Conclusion: The appeal filed by the Revenue was dismissed, and the order of the CIT(A) allowing the pro-rata deduction under section 80IB(10) was upheld. The Tribunal emphasized that the assessee's genuine difficulties in completing Building A and the completion of Buildings B and C justified the allowance of proportionate deduction. The Tribunal's decision was based on consistent judicial precedents that interpreted section 80IB(10) to allow proportionate deduction for completed units within a housing project.
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