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2014 (5) TMI 480 - AT - Income TaxRectification of order u/s 154 of the Act – Scope of power of AO - Withdrawal of deduction u/s 80IB(10) of the Act – Held that:- Following MANAN CORPORATION Versus ASSTT COMMISSIONER OF INCOME TAX [2012 (9) TMI 700 - Gujarat High Court] - amendment introduced in section 80IB(10)(d) was not applicable to a project which was approved prior to 01. 04. 2005 – the project was approved prior to 01. 04. 2005 - thus the matter is covered by the pre amended section - pre amended section did not mandate the ceiling of commercial area - the order of the FAA cannot be endorsed - He had interpreted the provisions of section 80IB(10)(d)in a particular manner and had relied upon one of the orders of the Tribunal - AO was not justified in amending the order by passing order u/s. 154 of the Act - enhancement made by the FAA to the income of the assessee- AOP has to be set aside – Decided in favour of Assessee.
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