2014 (4) TMI 518 - AT - Income Tax

Deduction u/s. 80IB(10) legal relationship between the assessee and the end user of units - works contract - Held that - Following decision in the case of Radhe Developers India Ltd. 2009 (4) TMI 21 - GUJARAT HIGH COURT , once the matter is going back for reconciliation, then the agreements connected to the land and the details of the approval granted by the local authority permitting to develop the housing project can also be examined if deem fit. Since the Hon ble High Court has given the verdict in favour of the assessee after due ascertainment of these basic facts, therefore it is appropriate first to place on record all these information and then if facts are identical consequently thereupon, the cited decision has to be followed to dispose of the issue. - For such compliance matter is restored back to file of ld. CIT(A) Decided in favour of Revenue.

Summary

Issues:
- Appeal against CIT(A) order for A.Y. 2009-10
- Eligibility of deduction under section 80IB(10) of the I.T. Act

Analysis:
1. The Revenue filed an appeal against the CIT(A) order for A.Y. 2009-10 regarding the eligibility of deduction under section 80IB(10) of the I.T. Act. The Assessee, a construction firm, declared total income after claiming deduction under section 80IB(10). The A.O. framed the assessment under section 143(3) and determined the total income. The main issue was whether the Assessee, by selling land in plots and acting as a contractor for construction, violated the conditions for claiming deduction under 80IB(10).

2. The A.O. disallowed the Assessee's claim based on the nature of the transactions and the relationship between the Assessee and the end users. The CIT(A) allowed the appeal, stating that the Assessee met the conditions for deduction. The Assessee owned a plot exceeding one acre, obtained necessary approvals, and constructed residential units. The CIT(A) emphasized that the Assessee was not a mere works contractor but a developer managing the project at its own risk and cost.

3. The Revenue challenged the CIT(A) order, arguing that the Assessee was not entitled to deduction under 80IB(10) as it sold plots and acted as a contractor. The Tribunal noted that the A.O. decision predated a crucial Gujarat High Court judgment and highlighted the requirements outlined in previous judgments for a developer to claim deduction under 80IB(10). The Tribunal directed the matter back to the CIT(A) for a detailed examination of the compliance with these conditions.

4. The Tribunal found that the CIT(A) did not consider all conditions stipulated by previous judgments and therefore allowed the Revenue's appeal for statistical purposes. The case was remanded to the CIT(A) for a thorough review of the Assessee's compliance with the guidelines set by the Tribunal and the Gujarat High Court. The Tribunal emphasized the need for a comprehensive assessment of the facts before determining the eligibility for deduction under section 80IB(10) of the I.T. Act.

This detailed analysis of the judgment provides insights into the legal intricacies and considerations involved in the dispute over the eligibility of deduction under section 80IB(10) of the I.T. Act for the Assessee's construction activities.