2019 (3) TMI 1197 - AT - Income Tax

Deduction u/s 80IB(10) - part completion of project - Deduction allowable on pro-rata basis qua the complete part of the project - HELD THAT - As decided in assessee s own case for A.Y. 2011-12 it is a settled legal proposition that the claim of deduction is allowable on pro-rata basis qua the complete part of the project. Considering the above we are of the opinion that the assessee is entitled to pro-rata deduction u/s.80IB(10) for the buildings B C and D. We therefore uphold the order of CIT(A). The grounds raised by the Revenue are dismissed.

Summary

Issues:
Allowability of deduction u/s 80IB(10) of the Income Tax Act for a housing project.

Analysis:
1. Background: The appeal filed by the Revenue challenges the order of the Commissioner of Income-Tax (A) regarding the assessment year 2012-13 for a Partnership firm engaged in a housing project in Pune.

2. AO's Disallowance: The Assessing Officer (AO) disallowed the deduction u/s 80IB(10) for the project "Faith" due to incomplete construction of Building A by the prescribed completion date. The AO emphasized that the deduction is applicable for the project as a whole, not on a pro-rata basis for individual units.

3. CIT(A) Relief: The Commissioner of Income-Tax (Appeals) granted partial relief to the assessee for Buildings B, C, and D, which were completed and issued completion certificates. The CIT(A) emphasized that the project fulfilled all conditions for deduction u/s 80IB(10) and allowed proportionate deduction for the completed buildings.

4. Appellate Tribunal Decision: The Tribunal upheld the CIT(A)'s order, citing a previous decision in the assessee's case for A.Y. 2011-12 where similar issues were resolved in favor of the assessee. The Tribunal emphasized that the claim of deduction is allowable on a pro-rata basis for completed parts of the project and dismissed the Revenue's appeal.

5. Judicial Precedents: The Tribunal referred to the judgment of the jurisdictional High Court and emphasized the importance of complying with the conditions of section 80IB(10) for claiming deduction. The Tribunal highlighted that the AO failed to appreciate the legal position and allowed the deduction based on the completion of specific buildings within the project.

6. Conclusion: The Tribunal found no distinguishing features in the current case compared to the earlier year's decision and upheld the CIT(A)'s order. The Tribunal dismissed the Revenue's appeal, affirming the allowance of deduction u/s 80IB(10) for the completed buildings in the housing project.

This detailed analysis outlines the issues related to the deduction u/s 80IB(10) in the context of a housing project, the AO's disallowance, the CIT(A)'s relief, the Tribunal's decision based on previous judgments, and the final outcome of dismissing the Revenue's appeal.