2022 (9) TMI 504 - AT - Income Tax

Deduction u/s 80-IB 10 - apartments purchased from landowners - HELD THAT - We notice that this Tribunal in the assessee s own case for AYs 2007-08 2008-09 2022 (7) TMI 1203 - ITAT BANGALORE had dealt with similar issue of deduction u/s. 80IB(10) of the Act and decided the issue in favour of the assessee and held that a plain reading of section 80-IB(10) evidently makes it clear that deduction is available in a case where an undertaking develops and builds a housing project on the profits derived from such housing project. In the given case the profit from the sale of flats earmarked for the land owners is also derived by the assessee from the development and building of the housing project. In view of the above discussion we are of the considered view that the assessee is entitled claim deduction u/s.80IB(10) on the profits derived from sale 22 flats earmarked for the land owners. The appeal is allowed in favour of the assessee

Summary

Issues:
- Deduction under section 80-IB [10] of the Act for apartments purchased from landowners.

Analysis:
The appeal before the Appellate Tribunal ITAT Bangalore concerned the deduction under section 80-IB [10] of the Act for apartments purchased from landowners. The assessee, a real estate development company, had initially claimed the deduction in its return of income but faced disallowances and additions during assessment proceedings. The Assessing Officer (AO) disallowed the deduction for profits earned on the sale of apartments purchased from landowners, leading to an addition of Rs. 2,02,31,525. Additionally, an amount of Rs. 55,57,995 was added towards excess claimed on land purchases. The Commissioner of Income-tax (Appeals) upheld the AO's order, prompting the assessee to appeal to the Tribunal.

During the proceedings, the assessee argued that the payments made to landowners for purchasing flats were part of the overall project cost and thus eligible for deduction under section 80-IB [10]. The assessee contended that even if the payments were considered as purchasing flats from landowners, they still constituted part of the built-up area in the eligible project. The assessee cited a High Court decision to support its claim. The Tribunal noted its previous decision in the assessee's case for AYs 2007-08 & 2008-09, where a similar issue was decided in favor of the assessee. The Tribunal emphasized that the profit derived from the sale of flats earmarked for landowners was part of the housing project's development and building activities, making it eligible for deduction under section 80-IB [10].

Ultimately, the Tribunal, following its previous decision and the legal provisions, allowed the assessee's claim for deduction under section 80-IB [10] of the Act. The Tribunal held that the assessee was entitled to claim the deduction on the profits derived from the sale of flats earmarked for landowners. Consequently, the appeal was partly allowed in favor of the assessee.

In conclusion, the Tribunal's decision clarified the eligibility of the assessee for deduction under section 80-IB [10] of the Act for apartments purchased from landowners, emphasizing that such profits were integral to the housing project's development and fell within the scope of the deduction provision.