9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (6) TMI 571 - AT - Income TaxProject completion method rejected by the AO - Held that - As decided in assessee s own case 2012 (12) TMI 808 - ITAT, MUMBAI AO accepted the fact that on completion of project, the assessee has offered the income to tax after claiming the deduction u/s 80 IB(10). Therefore when the assessee offered the income to tax from the entire project which has been adopted by the AO for estimation of the income for the year under consideration, then this fact goes to prove that there is no difference in the rate of profit declared by the assessee for the A.Y and the rate adopted by AO for the year under consideration. Thus there is no revenue effect and the income offered by the assessee on completion of the project is revenue neutral. In favour of assessee. Measurement of the plot of the project - Held that - As a consequence of the directions of the coordinate Bench in assessee s own case 2012 (12) TMI 808 - ITAT, MUMBAI it was submitted that the verification was assigned to the valuation cell of the department, who submitted the report on 19.03.2013. According to the annexure to the report, the actual size of the plot is 4097.81 sq. mt., which is more then one acre and certified as such by Shri Suresh Thavrdasani, Asst. Valuation Officer, Income Tax Department, Thane, AO is directed to provide full benefit, in so far as the deduction is concerned. In favour of assessee.
Issues Involved:
1. Dispute over deletion of addition by AO regarding project completion method. 2. Dispute over deduction under section 80IB(10) based on project completion before a specified date. 3. Dispute over measurement of the plot size of the project. Analysis: Issue 1: Dispute over deletion of addition by AO regarding project completion method: The department raised concerns regarding the deletion of the addition made by the Assessing Officer (AO) on account of rejection of the project completion method. The department argued that the AO had estimated profit using the percentage completion method of accounting, while the assessee claimed the project completion method. The CIT(A) allowed the assessee's claim, leading to the department's appeal. The ITAT Mumbai, following a coordinate Bench's decision, upheld the method adopted by the assessee, i.e., project completion method. The ITAT found no infirmity in the approach and sustained the CIT(A)'s findings. Consequently, the department's grounds were rejected. Issue 2: Dispute over deduction under section 80IB(10) based on project completion before a specified date: Another issue raised was the claim of deduction under section 80IB(10) of the Act. The department contested the CIT(A)'s decision to allow the deduction by rejecting the issue of project completion before a specific date. The ITAT referred to the Assessing Officer's acknowledgment that the project was not completed before a certain date and that only a portion of the work was finished by a particular year. The ITAT concluded that the decisions relied upon by the assessing officer were misplaced, as the project was not substantially completed during the relevant period. The ITAT upheld the CIT(A)'s decision, emphasizing that the income offered by the assessee on project completion was revenue neutral. Therefore, the ITAT sustained the CIT(A)'s findings on this issue. Issue 3: Dispute over measurement of the plot size of the project: The third issue revolved around the measurement of the plot size of the project, specifically whether it was less than one acre. The assessee contended that the area was erroneously determined to be less than one acre. Following directions from a coordinate Bench, the verification was conducted by the valuation cell of the department, which certified the actual size of the plot to be more than one acre. As a result, the controversy was resolved, and the AO was directed to provide full benefit to the assessee concerning the deduction. Consequently, the appeal filed by the assessee was allowed based on the corrected measurement of the plot size. In conclusion, the ITAT Mumbai dismissed the department's appeal (ITA No. 8512/Mum/2010) and allowed the appeal filed by the assessee (ITA No. 8570/Mum/2010) based on the detailed analysis and resolution of the issues related to project completion method, deduction under section 80IB(10), and the measurement of the plot size of the project.
|
