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2013 (3) TMI 535 - AT - Income TaxDeduction u/s 80IB(10) of the I.T. Act - construction of building projects - Held that:- In our opinion, the CIT(A) committed an error in simply excluding 656.75 sq.metres from the area of 4600 sq.metres without appreciating that the exclusion is only for the purpose of D.P. Road which does not reduce the size of the plot as a whole. We are therefore satisfied that there is no violation of the conditions prescribed by clause(b). Order of the CIT(A) on this issue has to be reversed. Similarly it was held that:- As far as completion of the construction is concerned, the certificate of KDMC dated 31/3/2008 is clear that Building No.9 to 14 were completed and occupation certificate was given. The AO’s stand that project was only partly completed cannot therefore, be sustained. The deduction under section 80 IB(10) was claimed only in respect of the project Vidhi Complex which comprise of building No.11 to 14. As far as this project is concerned there could be no doubt that the construction was completed on 31/3/2008. We upheld the order of the CIT(A) The appeal of the revenue is dismissed.
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