2017 (9) TMI 1939 - AT - Income Tax

Deduction u/s 80IB(10) - Non completion of project on time - projects approved by the local authority or not? - Housing Projects approved prior to the amendment - comparison between the pre-amended and post-amended provisions of clause (a) of section 80IB(10) - HELD THAT - As the assessee s project since approved prior to the amendment to sub-section (10) of section 80IB of the Act by the Finance (No.2) Act 2004 w.e.f. 01-04-2005 is required to be completed by 31-03-2008 - assessee should have completed his project on or before 31-03-2008 for becoming eligible for claim of deduction u/s.80IB(10) of the Act. It is an undisputed fact that the project in question has never been completed even till date for some reason or the other and sustainable reason or otherwise. The assessee is having obligation to complete the project before the due date for becoming eligible to claim deduction u/s.80IB(10) of the Act. Assessee failed to discharge the same. It appears to be assessee s case that he wants to avail the benefit of said provisions and does not want to pay taxes on the income of the project while the same is incomplete. Therefore we dismiss the said ground holding that the amended provisions of clause (a)(i) of section 80IB(10) of the Act apply to the Housing Projects approved prior to the said amendment. - Decided against assessee.

Summary

Issues Involved:
1. Inapplicability of the amended provisions of section 80IB(10) of the Income Tax Act by the Finance (No.2) Act, 2004 w.e.f. 01-04-2005 to the assessee’s housing project, which was approved prior to the said amendment.

Issue-wise Detailed Analysis:

1. Inapplicability of the Amended Provisions of Section 80IB(10):
The primary issue in this case revolves around whether the amended provisions of section 80IB(10) of the Income Tax Act, introduced by the Finance (No.2) Act, 2004, which stipulate specific due dates for the completion of housing projects, apply to the assessee’s project that was approved in 2001.

The assessee argued that the project was approved in 2001, and at that time, there were no statutory deadlines for project completion. Therefore, the amended provisions should not apply to their project. The assessee relied on judgments from the Hon’ble Bombay High Court in CIT Vs. Gurinder Sing Bava and the Hon’ble Madras High Court in CIT Vs. Jain Housing & Construction Ltd., which supported their position that projects approved before the amendment should not be subject to the new deadlines.

On the contrary, the Departmental Representative for the Revenue argued that the amended provisions clearly state that projects approved before 01-04-2004 must be completed by 31-03-2008 to qualify for the deduction under section 80IB(10). The representative cited the judgment of the Hon’ble Allahabad High Court in CIT Vs. Arif Industries, which held that projects approved prior to the amendment must comply with the new deadlines to be eligible for the deduction. This position was further supported by the Madhya Pradesh High Court in CIT Vs. Global Reality and the Tribunal’s decision in Padmavati Developers Vs. DCIT.

The Tribunal examined the relevant statutory provisions and judicial precedents, noting that the amended section 80IB(10) explicitly required projects approved before 01-04-2004 to be completed by 31-03-2008. The Tribunal emphasized that this requirement was not new but had been reintroduced by the Finance Act, 2004, after a brief period during which it was not in effect. The Tribunal agreed with the Revenue's position, citing the Allahabad High Court’s detailed analysis and the Tribunal’s own decision in Padmavati Developers, which underscored the importance of adhering to the statutory deadlines for project completion.

The Tribunal concluded that the assessee’s project, approved before the amendment, was indeed subject to the completion deadline of 31-03-2008. Since the project was not completed by this date, the assessee was not eligible for the deduction under section 80IB(10). The Tribunal dismissed the assessee’s appeal, holding that the amended provisions applied to the project and that the failure to meet the completion deadline disqualified the assessee from claiming the deduction.

Conclusion:
The Tribunal dismissed the appeal, affirming that the amended provisions of section 80IB(10) applied to the assessee’s housing project approved before the amendment, and the project’s failure to meet the completion deadline of 31-03-2008 rendered the assessee ineligible for the deduction. The rest of the grounds raised by the assessee were dismissed as consequential and academic.