2021 (2) TMI 998 - HC - Income Tax

Proportionate deduction u/s 80IB(10) - flats measuring less than 1500 square feet - whether the benefit under section 80IB(10) is in respect of the entire housing project and not in respect of the flats/units specific independently? - Whether assessee would be entitled to deduction under section 80IB(10) in respect of 12th and 13th floor flats, when the flats were combined and were measuring more than 1500 square feet - Whether assessee was entitled to deduction of the flats at the 12th and 13th floor when the assessee has not claimed benefit in the return of income filed, without revising the original return of income? - computation of income of the assessee from project Mantri Sarovar on the basis of Project computation method - as per AS7 and AS9, the assessee has to follow percentage completion method as the assessee is a builder and developer? HELD THAT - For the reasons assigned by us in the judgment passed today in 2021 (2) TMI 997 - KARNATAKA HIGH COURT the substantial questions of law are answered against the revenue and in favour of the assessee.

Summary

Issues:
1. Entitlement to deduction under section 80IB(10) of the Income Tax Act for flats measuring less than 1500 square feet within a housing project.
2. Entitlement to deduction under section 80IB(10) for combined flats exceeding 1500 square feet.
3. Entitlement to deduction for specific floors when not claimed in the original income tax return.
4. Methodology for computing income from a project under the Income Tax Act compared to accounting standards.

Analysis:
1. The first issue pertained to whether the assessee is entitled to deduction under section 80IB(10) of the Income Tax Act for flats measuring less than 1500 square feet within a housing project. The Tribunal had allowed the deduction on a proportionate basis, which was challenged. The High Court, in line with a previous judgment, ruled against the revenue and in favor of the assessee, upholding the Tribunal's decision.

2. The second issue revolved around the entitlement to deduction under section 80IB(10) for combined flats exceeding 1500 square feet. The Tribunal had granted the deduction for 12th and 13th floor flats, even when combined, exceeded the specified size. The High Court, referring to a previous judgment, sided with the assessee, answering the substantial question of law against the revenue.

3. The third issue involved the entitlement to deduction for specific floors when not initially claimed in the income tax return. The Tribunal had allowed the deduction for the 12th and 13th floor flats, even though not claimed in the original return of income. The High Court, based on its analysis in a related case, upheld the Tribunal's decision, ruling against the revenue.

4. The final issue addressed the methodology for computing income from the project "Mantri Sarovar" for the Assessment year 2006-07. The Tribunal had computed the income using the "Project computation method," which was contested based on accounting standards AS7 and AS9. The High Court, aligning with its decision in another case, upheld the Tribunal's approach, dismissing the appeal and ruling against the revenue.

In conclusion, the High Court, comprising Justice Alok Aradhe and Justice Nataraj Rangaswamy, delivered a judgment dismissing the appeal by the revenue and upholding the decisions favoring the assessee on all substantial questions of law raised in the case related to deductions under section 80IB(10) and income computation methodology for the specified Assessment year.