2018 (12) TMI 1522 - HC - Income Tax

Eligibility for deduction u/s. 80IB(10) - construction was not completed within a period envisaged under the statutory provision - Tribunal allowed the claim - Held that - Tribunal has come to factual findings, essentially holding that the Assessee had entered into an agreement with the previous Promoters and that the Assessee had acquired land along with development rights. Further, that the housing project constructed by the Assessee, consisted of building which only included flats. This project was quite different from the project which the previous developer had conceived. The Assessee had undertaken development and construction of housing project on a piece of land which was different from the land on which the erstwhile Promoters had completed construction of 40 row houses. Under the circumstances, no question of law arises.

Summary

Issues:
1. Deduction claim under Section 80IB(10) of the Income Tax Act, 1961.
2. Completion of construction within the prescribed period.
3. Interpretation of approval dates by the Tribunal.
4. Relevant factors for determining eligibility for deduction.
5. Impact of subsequent approvals on deduction claim.
6. Factual findings regarding development rights and construction differences.

Analysis:

1. The main issue in this case was the Respondent-Assessee's claim for a deduction under Section 80IB(10) of the Income Tax Act, 1961 for the Assessment Year 2010-11. The Revenue objected to the claim, arguing that construction was not completed within the statutory period.

2. The Tribunal found that the Assessee had acquired the right to develop open land where the previous owner had not commenced development. The Assessee claimed that the construction was completed within the stipulated date based on approvals from the local authority.

3. The Tribunal considered the conditions under Section 80IB(10) of the Act, focusing on the date of approval by the local authority. The dispute revolved around whether the project was first approved on 17.03.2004 or 02.08.2006, affecting the completion deadline.

4. The Tribunal rejected the Revenue's argument, stating that the Assessee's incorporation date and acquisition of development rights were crucial factors. The project undertaken by the Assessee differed significantly from the previous developer's project, justifying the eligibility for deduction.

5. The Tribunal's factual findings emphasized the agreement with the previous promoters, the acquisition of land with development rights, and the distinct nature of the Assessee's housing project compared to the previous one. These findings supported the Assessee's eligibility for the deduction claimed.

6. Ultimately, the Tribunal dismissed the appeal, concluding that no legal question arose from the factual findings regarding the development rights and construction differences. The judgment upheld the Assessee's claim for deduction under Section 80IB(10) of the Act for the Assessment Year 2010-11.