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2018 (3) TMI 1201 - AT - Income TaxEligibility to deduction u/s. 80IB(10)- Held that - Assessee is eligible for claiming benefit of deduction u/s. 80IB(10) in respect of building (except building H4) of residential project Harsh Paradise‟. The DR has not been able to controvert the findings of Tribunal in earlier assessment years above. Accordingly, ground Nos. 1 and 2 raised in appeal by Revenue are dismissed and the findings of Commissioner of Income Tax (Appeals) in holding assessee eligible for deduction u/s. 80IB(10) are upheld. Benefit of deduction u/s. 80IB(10) in respect of Flat Nos. 702 to 704 in Building H3 and Flat Nos. 302 and 303 in Building H1 - combined v/s single units - area exceeding prescribed limits - Held that - In the instant case, as has been pointed earlier, the PMC had issued completion certificate in respect of flats in question as an independent unit. It is evident from the records that the possessions of the flats were given separately to the respective owners. Thus, all the flats were i.e. Flat Nos. 302 and 303 in Building H1 and Flat Nos. 702 to 704 in Building H3 were made separate residential units by the assessee. Thus appeal filled by revenue dismissed.
Issues Involved:
1. Eligibility for deduction under Section 80IB(10) based on project completion date. 2. Eligibility for deduction under Section 80IB(10) on partial completion of the housing project. 3. Eligibility for deduction under Section 80IB(10) concerning combined flats exceeding 1500 sq. ft. 4. Validity of the CIT(A)'s decision in light of Tribunal's previous rulings. Issue-wise Detailed Analysis: 1. Eligibility for deduction under Section 80IB(10) based on project completion date: The Revenue argued that the housing project "Harsh Paradise" was approved on 28.05.2003 and was incomplete by 31.03.2008, violating Section 80IB(10)(a)(i) of the Act, which mandates project completion before 31.03.2008. However, the Tribunal had previously adjudicated in the assessee's favor for assessment years 2008-09, 2009-10, and 2010-11, establishing that the assessee had completed buildings H-1, H-2, H-3, and G within the stipulated time. The Tribunal reiterated that the assessee is entitled to a deduction for the completed buildings, even though building H-4 remained incomplete due to reasons beyond the assessee's control. 2. Eligibility for deduction under Section 80IB(10) on partial completion of the housing project: The Tribunal upheld the CIT(A)'s decision, which allowed the deduction on the completed portions of the project. The Tribunal emphasized that the assessee had received completion certificates for buildings H-1, H-2, H-3, and G before the due date, and thus, these buildings qualified for the deduction under Section 80IB(10). The Tribunal cited previous decisions, including the case of Brigade Enterprises Pvt. Ltd., to support the view that partial completion fulfilling the conditions of Section 80IB(10) warrants the deduction. 3. Eligibility for deduction under Section 80IB(10) concerning combined flats exceeding 1500 sq. ft.: The Assessing Officer had disallowed the deduction for Flat Nos. 702 to 704 in Building H3 and Flat Nos. 302 and 303 in Building H1, arguing that these flats were combined to exceed 1500 sq. ft., violating Section 80IB(10)(d). However, the Tribunal found that the flats were initially constructed and sold as independent units, and the modifications to combine the flats were made by the purchasers post-possession. The Tribunal referred to the completion certificates and possession receipts to substantiate that the flats were independent units at the time of completion. The Tribunal also cited the Bombay High Court's decision in Commissioner of Income Tax Vs. M/s. Ankit Enterprises, which held that adjoining flats approved as separate units by local authorities should be treated as separate units for Section 80IB(10) purposes. 4. Validity of the CIT(A)'s decision in light of Tribunal's previous rulings: The Tribunal confirmed that the CIT(A)'s decision to allow the deduction under Section 80IB(10) was consistent with the Tribunal's previous rulings in the assessee's case for earlier assessment years. The Tribunal dismissed the Revenue's appeal, finding no merit in the arguments presented and upholding the CIT(A)'s findings. Conclusion: The Tribunal dismissed the Revenue's appeal, affirming the CIT(A)'s order that the assessee is eligible for the deduction under Section 80IB(10) for the completed buildings of the housing project "Harsh Paradise" and that the modifications made by the purchasers post-possession do not affect the eligibility for the deduction. The Tribunal's decision was based on consistent findings from previous assessment years and relevant case laws supporting the assessee's position.
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