2012 (10) TMI 1208 - AT - Income Tax

Summary

Issues involved: Appeal against order disallowing deduction u/s 80IB(10) on car parking charges and miscellaneous income.

Issue 1 - Car Parking Charges:
The assessee firm, engaged in the business as builder and developer, filed a return declaring total income. The assessment partly disallowed deduction u/s 80IB(10) of the Income Tax Act. The ld. CIT(A) allowed relief to the assessee, which led to the Revenue appealing. The disallowance of deduction u/s 80IB(10) on car parking charges was contested. The A.O. disallowed it, stating that income from car parking space is not includible in eligible profit for the deduction. However, the ld. CIT(A) allowed the deduction, considering car parking as an integral part of the housing project. The Tribunal's previous decisions were cited to support the allowance of the deduction. The Tribunal, based on consistent views, upheld the ld. CIT(A)'s decision, rejecting the Revenue's ground.

Issue 2 - Miscellaneous Income:
The A.O. disallowed deduction u/s 80IB(10) on miscellaneous income collected under various heads. The A.O. held that certain charges cannot be considered income derived from the eligible business for the deduction. On appeal, the ld. CIT(A) allowed these miscellaneous receipts as part of eligible business profits. The ld. Counsel for the assessee provided details of the miscellaneous income, arguing in favor of the deduction. The Tribunal's decision in a similar case was presented to support the assessee's position. The Tribunal upheld the ld. CIT(A)'s order on most charges but set aside the issue of corpus fund charges for further consideration by the A.O. The Tribunal decided in favor of the assessee on most charges, setting aside the corpus fund charges issue for the A.O. to reevaluate. The Revenue's ground was partly allowed for statistical purposes.

In conclusion, the appeal filed by the Revenue was partly allowed for statistical purposes, with the Tribunal upholding deductions on car parking charges and most miscellaneous income while remanding the corpus fund charges issue for further assessment.