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2014 (6) TMI 667 - AT - Income TaxEntitlement for deduction u/s 80IB(10) of the Act – Effect of amendment – Held that:- CIT(A) rightly followed JCIT vs. Brahma Associated [2011 (2) TMI 373 - BOMBAY HIGH COURT] - in case of housing project comprising of commercial area as permitted under the rules of the local authority, deduction u/s 80IB(10) cannot be denied - relying upon ACIT – Circle -2, Kalyan Versus Shri Girdharilal K. Lulla, Shree Ganesh Builders & Osho Dhara Developers [2011 (5) TMI 867 - ITAT MUMBAI] - the amendment is prospective in operation and for the projects which have commenced prior to the date the assessee is entitled to claim the benefit under section 80IB(10) of the Act – there was no infirmity in the order of the CIT(A) – Decided against Revenue.
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