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2014 (6) TMI 177 - ITAT MUMBAIDeduction u/s 80IB(10) of the Act Residential units exceeding 1000 sq. ft. Qualifying conditions not met - Held that:- Relying upon Brahma Associates. & others Versus Joint Commissioner Of Income-tax [2009 (4) TMI 215 - ITAT PUNE] - a housing project approved upto 31.03.2005, commercial user to the extent permitted under the development control rules/regulations framed by the respective local authority would hold in-as-much as the amendment in law, prescribing the said limitation came w.e.f. 01.04.2005 - Phases VII and X were approved by the local authority on 25.01.2001 and Phases XI and XIA on 14.01.2004, i.e., both prior to 01.04.2005 w.e.f. from which date clause (d) stands inserted to section 80-IB(10) thus, the amendment would have no bearing on the allowability of the deduction under the provision for the phases of the housing project - a perusal of the details of the deduction u/s.80-IB(10) for the current year reveals a claim in the negative sum for the Phase, so that no positive deduction stands claimed for the current year Decided against Revenue.
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