2018 (4) TMI 1857 - AT - Income Tax

Deduction u/s 80IB - Whether condition specified u/s 80IB(10) of I T Act that the built-up area of each flat should be less than 1500 Sqft. to claim the deduction u/s 80IB of the I T Act? - CIT-A allowed deduction - whether CIT(Appeals) while adjudicating the issue has followed the order of the Tribunal in which identical issue has been adjudicated following the judgment of CIT v. SJR Builders 2012 (3) TMI 615 - KARNATAKA HIGH COURT - HELD THAT - On the issue of proportional allowability deduction u/s 80IB(10) being in favour of the appellant, it is clear that, the deduction cannot be denied in its entirety. The Assessee on the other hand has submitted that its claim u/s 80IB, during the year under consideration, was restricted only to the units falling below the threshold of 1500 sqft. The AO has not disputed this position of the Assessee. In the facts and circumstances of the case the Assessee's appeal is allowed.

Summary

Issues:
1. Interpretation of conditions under section 80IB(10) of the Income Tax Act.
2. Allowability of deduction under section 80IB.
3. Judicial precedent on proportional allowability of deduction under section 80IB(10).

Interpretation of conditions under section 80IB(10) of the Income Tax Act:
The appeal involved a dispute regarding the interpretation of conditions specified under section 80IB(10) of the Income Tax Act, particularly the requirement that the built-up area of each flat should be less than 1500 sqft to claim the deduction. The Assessing Officer (AO) had disallowed the deduction claimed by the assessee, alleging a violation of this provision. However, the appellant argued that their claim was limited to flats below the specified size. The CIT(Appeals) examined the issue and found that the AO had denied the claim entirely, despite the appellant's assertion that they only claimed the deduction for flats meeting the size criteria.

Allowability of deduction under section 80IB:
The dispute further revolved around the allowability of deduction under section 80IB for the appellant's residential and commercial building projects. The AO had rejected the claim, contending that the appellant had breached the size limit condition. However, the CIT(Appeals) noted that the issue had been previously adjudicated in favor of the appellant by the Tribunal and the jurisdictional High Court. The Tribunal had ruled that the appellant would not lose the benefit of deduction entirely, even if some residential units exceeded the specified size. The CIT(Appeals) upheld the appellant's claim based on the judicial precedents and the specific circumstances of the case.

Judicial precedent on proportional allowability of deduction under section 80IB(10):
The judgment highlighted the significance of judicial precedents in determining the proportional allowability of deduction under section 80IB(10). The Tribunal and the jurisdictional High Court had previously ruled in favor of the appellant, emphasizing that the deduction should not be denied entirely if some units exceeded the specified size limit. The High Court's decision clarified that the appellant would only lose the benefit of deduction for units exceeding the prescribed area, not for all units. The CIT(Appeals) and the Tribunal relied on these precedents to support the appellant's case and dismissed the appeal of the revenue, confirming the allowability of the deduction under section 80IB.

In conclusion, the judgment emphasized the importance of adhering to the statutory conditions while interpreting provisions like section 80IB(10) of the Income Tax Act. The decision highlighted the significance of judicial precedents in resolving disputes related to the allowability of deductions and underscored the need for consistency in applying legal principles across similar cases.