2019 (8) TMI 707 - HC - Income Tax

Disallowance of the benefit under Section 80 IB on proportionate basis - deduction on 'pro rata' basis - HELD THAT - As decided in own case 2015 (7) TMI 1302 - DELHI HIGH COURT the provision is capable of being construed in a manner that is beneficial to the assessee by allowing the deduction on 'pro rata' basis to the number of residential units that have complied with the requirement of section 80 IB of the maximum built up area. In view of this, we do not find any infirmity in the order of the learned CIT(A) and direct the learned assessing officer to allow the claim of the assessee on 'pro rata' basis as directed by the Hon'ble Delhi High Court in assessee's own case for earlier years. Accordingly, the ground No. 1 of the appeal of the revenue is dismissed The Court is not informed of the Revenue having challenged the decision of this Court in the Assessee‟s own case for AY 2009-2010 referred to hereinbefore. In any event the Court finds the factual position in the present AY is not very different from that in the earlier AY. - No substantial question of law.

Summary

Issues:
1. Appeal against ITAT order reducing disallowance under Section 80 IB.
2. Interpretation of Section 80 IB for deduction eligibility.
3. Application of 'pro rata' basis for deduction calculation.
4. Comparison with earlier AY decision and similar cases.

Analysis:
1. The High Court heard an appeal (ITA No. 711/2019) by the Revenue challenging the ITAT order for the Assessment Year 2012-2013. The ITAT had upheld the Commissioner of Income Tax (Appeal) order, reducing the disallowance under Section 80 IB. The Revenue contested this decision.

2. The dispute revolved around the interpretation of Section 80 IB of the Income Tax Act. The Revenue argued that the assessee was not eligible for deduction under this section due to certain residential units exceeding the specified built-up area. However, the CIT(A) allowed the claim based on a 'pro rata' basis, following a previous decision upheld by the Delhi High Court.

3. The Court examined the case and noted that the provision under Section 80 IB could be construed in a manner beneficial to the assessee by allowing deduction on a 'pro rata' basis for compliant residential units. Referring to a previous decision for the assessment year 2009-2010, the Court directed the assessing officer to allow the claim on a 'pro rata' basis, as per the Delhi High Court's ruling in earlier years.

4. The Court also mentioned that the factual position in the present assessment year was not significantly different from the earlier year's case. Citing a similar view taken in the case of Principal Commissioner of Income Tax vs. Omaxe Build Home Private Limited, the Court concluded that no substantial question of law arose in the present appeal and dismissed the Revenue's challenge against the ITAT order.

This detailed analysis provides a comprehensive overview of the judgment, addressing each issue involved in the legal dispute and the Court's reasoning behind the decision.