2021 (2) TMI 969 - HC - Income Tax

Proportionate deduction u/s 80IB(10) - profits derived from the sale of residential units where in built up area is below 1500 Sq. Ft - whether no such apportionment is prescribed under the scheme of Section 801B(10)(C) of the Income- Tax Act? - HELD THAT - Issue decided in favour of assessee as relying on M/S. BRIGADE ENTERPRISES LTD 2021 (1) TMI 789 - KARNATAKA HIGH COURT held that the assessee is eligible for deduction under Section 80IB(10) of the Act proportionately. - Decided in favour of assessee.

Summary

Issues:
1. Interpretation of Section 80IB(10) of the Income Tax Act for deduction eligibility.
2. Application of project completion method vs. percentage completion method in accounting for real estate developers.

Analysis:
1. The appeal involved the interpretation of Section 80IB(10) of the Income Tax Act regarding the eligibility for deduction. The assessee, a real estate firm, claimed deduction under Section 80IB(10) for the Assessment Year 2012-14. The assessing officer disallowed the deduction as the assessee did not fulfill condition 'C' of the provision. The Commissioner of Income Tax (Appeals) allowed the appeal, stating that the assessee is entitled to proportionate deduction for flats conforming to the limits prescribed. The Tribunal upheld this decision, citing a previous court order and confirming the assessee's eligibility for deduction. The Revenue challenged this decision, arguing that the provision does not allow for proportionate deduction and that the total built-up area condition was not met by the assessee.

2. The Revenue contended that the Tribunal erred in confirming the allowance of proportionate deduction under Section 80IB(10) and in recognizing the project completion method as a valid accounting method without proper examination. The assessee, on the other hand, argued that a previous court judgment covered the issues raised in the appeal and similar orders should be passed. The High Court, after reviewing the previous judgment related to the assessment year 2009-10, concluded that the issues raised in the present appeal were already addressed. The court held that the decision in the previous judgment was applicable to the current appeal as well. Therefore, based on the reasons recorded in the previous judgment, the court dismissed the appeal for the assessment year 2012-13, stating that the decision in the earlier case was applicable to the present appeal too.

In conclusion, the High Court dismissed the Revenue's appeal, affirming the assessee's entitlement to proportionate deduction under Section 80IB(10) of the Income Tax Act based on the previous court judgment and the application of the project completion method in accounting for real estate developers.