The Tribunal held that based on the financial parameters and ...

Real estate firm wins tax deductions, escapes penalties for development projects.

December 18, 2024

Case Laws     Income Tax     AT

The Tribunal held that based on the financial parameters and risk profile, the assessee qualifies as a developer rather than merely a contractor u/s 80IA of the Income Tax Act, entitling it to deductions. The CIT(A) rightly allowed the Section 80IA deduction based on the total income assessed by the AO, including additions or disallowances. The books of accounts were wrongly rejected by the AO, and the CIT(A) correctly deleted the additions made on estimated gross profit margins and disallowance of expenses for certain vendors lacking substantive evidence. The provision for defect liability was rightly allowed as a deductible expense. The disallowance of leave encashment provision was upheld due to Section 43B(f) requiring actual payment. The disallowance u/s 14A was deleted as no proximate cause linked the expenditure to exempt income. The partial disallowance of gift expenses was upheld. The addition u/s 40(a)(ia) was allowed on the ground of an invalid assessment u/s 153A. The penalty u/s 271(1)(c) was deleted as the assessee's claims did not amount to concealment or inaccuracy.

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