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2016 (11) TMI 365 - AT - Income TaxEligibility of claim u/s 080IB - date of completion of the construction of the housing project - Held that - no functional relationship or dependence between the buildings completed and that not completed (by the specified date 31.3.2008), which are thus independent of each other. This is as the Revenue s only objection is that one of the eight buildings comprising the assessee s otherwise eligible housing project u/s. 80-IB(10), i.e., Krishna Complex , is not complete by that date; the assessee holding completion certificates (by that date) for the other seven buildings of the project. We, accordingly, see no reason as to why deduction u/s.80-IB(10) cannot be allowed on the part that is completed by 31.3.2008. In our view, therefore, the assessee would be entitled to deduction u/s.80-IB(10) on the building/s comprising the housing project for which it stands issued a completion certificate by 31/3/2008. - Decided in favour of assessee
Issues Involved:
1. Maintainability in law of the deduction under section 80-IB(10) of the Income Tax Act, 1961. 2. Interpretation of "housing project" and its completion under section 80-IB(10). 3. Proportionate deduction for partially completed housing projects. Detailed Analysis: 1. Maintainability in Law of the Deduction under Section 80-IB(10): The primary issue in this appeal is whether the assessee, a builder and developer, is entitled to a deduction under section 80-IB(10) of the Income Tax Act, 1961 for its housing project 'Krishna Complex'. The Revenue denied the deduction on the grounds that the project was not completed by the stipulated date of 31.3.2008. The assessee argued that seven of the eight buildings were completed by the deadline, and thus, a proportionate deduction should be allowed. The CIT(A) allowed the assessee's claim, referencing decisions in CIT vs. Vandana Properties, Vishwas Promoters (P) Ltd. vs. ACIT, and CIT vs. Brahma Associates. 2. Interpretation of "Housing Project" and Its Completion under Section 80-IB(10): The tribunal examined the provision of section 80-IB(10), which states that the deduction is applicable to the entire housing project approved by the local authority. The tribunal referred to the decision in Brahma Associates, which held that the project as approved by the local authority is to be considered as the housing project for the purposes of section 80-IB(10). The tribunal noted that the project must be considered as a single project, and there is no provision for partial satisfaction of the qualifying conditions. 3. Proportionate Deduction for Partially Completed Housing Projects: The tribunal considered whether a housing project could be deemed complete to any extent if only part of it is completed by the stipulated date. The tribunal observed that completion certificates were issued for seven buildings by 31.3.2008, and these certificates signify completion under the Development Control Regulations for Greater Mumbai. The tribunal concluded that each building, though part of a larger project, could be considered complete if it meets the completion criteria. The tribunal emphasized a purposive interpretation of the provision, allowing for proportionate deduction where parts of the project are independently complete and functional. The tribunal also discussed the relevance of the decisions in Vandana Properties and Vishwas Promoters, noting that these cases were decided in different contexts. The tribunal clarified that the decision in Brahma Associates, which is binding, does not support the allowance of deduction on a part of the project. However, the tribunal ultimately agreed with the assessee's claim, stating that the completed part of the project should be eligible for deduction. Conclusion: The tribunal dismissed the Revenue's appeal, holding that the assessee is entitled to a deduction under section 80-IB(10) for the completed buildings of the housing project. The tribunal's decision aligns with the earlier tribunal decision in the assessee's case for A.Y. 2009-10 and is not in breach of the cited decisions by the Hon'ble jurisdictional High Court. Decision: The Revenue's appeal is dismissed, and the assessee is allowed a proportionate deduction under section 80-IB(10) for the completed buildings of the housing project 'Krishna Complex'. The order was pronounced in the open court on September 22, 2016.
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