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TMI Blog2017 (1) TMI 1003X X X X Extracts X X X X X X X X Extracts X X X X ..... under section 80IB(10) of the Act with respect to the units for which deduction under section 80IB(10) of the Act was claimed, the same was in order and there was no allegation with respect to those units for which deduction under section 80IB(10) of the Act was granted and/or there was no breach of any of the conditions of section 80IB(10) of the Act. During the years under consideration when the assessee claimed deduction under section 80IB(10) of the Act with respect to the units sold during the years under consideration, the same was found to be in order. Therefore, the same cannot be withdrawn for any act or omission on the part of the assessee in the subsequent assessment year. Thus, it cannot be said that there was any failure on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned notice issued under section 148 of the Income Tax Act, 1961 (hereinafter referred to as the Act for short), by which the assessment for A.Y. 2010-2011 is sought to be reopened in exercise of powers under section 147 of the Act. 4.01. Special Civil Application No. 19053 of 2016 has been preferred by the very assessee challenging the impugned notice issued under section 148 of the Act, by which the assessment for the A.Y. 2011-2012 is sought to be reopened in exercise of the powers under section 147 of the Act. 5.00. Facts leading to the present Special Civil Application in nutshell are as under :- 5.01. The petitioner assessee is engaged in the business of construction work and constructed a project under section 80IB of the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e purview of tax regime. The findings by the AO during the course of proceedings are as under : 1. The assessee firm violated the clause (e) by allotting more than one residential (dwelling unit) allotted to one individual. 2. The assessee firm violated the clause (f) by allotting two residential units to the individual and his spouse. 3. The assessee firm violated the clause (c) by combining two units into one unit. The clubbed units were allotted to two or more members of fee same family. 4. By violating Surat Municipal Corporation approved plan, the assesses further violated the clause (c) of 80IB by constructing built up area more than 1500 sq.ft. 5. Anomalies were found in more than one year, more than on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in not disclosing true and correct facts. It is submitted that from the reasons recorded to reopen the assessment for the A.Y. 2010-2011, it appears that the same has been reopened on the basis of the events which had taken place in the year 2013-2014. It is submitted that during the years under consideration i.e. A.Y. 2010-2011 and 2011- 2012, as such, the assessee rightly claimed deduction under section 80IB(10) of the Act. It is submitted that there is no allegation that at the time when the assessee claimed deduction under section 80IB(10) of the Act for the units constructed / sold during the year under consideration there was any breach of any of the provisions and/or conditions of section 80IB(10) of the Act. It is submitted that fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore members of the same family. It is submitted that therefore, when it was found by the A.O. during the course of the assessment proceedings for A.Y. 2013-2014 that the conditions of section 80IB (10) of the Act are grossly violated by the assessee firm and deduction claimed by the assessee section 80IB(10) of the Act came to be withdrawn for the A.Y. 2013-2014, A.O. was justified in denying the deduction claimed and granted under section 80IB(10) of the Act. Making above submissions, it is requested to dismiss the present petition. 10.00. Heard the learned advocates appearing on behalf of the respective parties at length. At the outset, it is required to be noted that the impugned reopening of the assessment for the A.Y. 2010-201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2010-2011 and 2011- 2012 is now sought to be withdrawn on the subsequent transfer of a unit which has taken place in the subsequent assessment year i.e. A.Y. 2013-2014. During the years under consideration when the assessee claimed deduction under section 80IB(10) of the Act with respect to the units sold during the years under consideration, the same was found to be in order. Therefore, the same cannot be withdrawn for any act or omission on the part of the assessee in the subsequent assessment year. It cannot be presumed that in the years under consideration when the assessee claimed deduction under section 80IB(10) of the Act the assessee had knowledge that there would be likelihood of breach of any of the conditions of section 80IB( ..... X X X X Extracts X X X X X X X X Extracts X X X X
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