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2015 (8) TMI 1148 - AT - Income TaxDeductions u/s 80IB(10)(10) - whether the assessee constructed residential cum commercial complex in violation of the Act? - CIT(A) allowed claim - Held that:- If the totality of facts available on record is kept in juxtaposition with the order of the Hon'ble jurisdictional High Court in Brahma Associated vs JCIT (2011 (2) TMI 373 - BOMBAY HIGH COURT), we find that the cases of the assessee falls within the parameters set out by Hon'ble High Court. Our view is further fortified by the decision of the Special Bench in Brahma Associated vs JCIT (2009 (4) TMI 215 - ITAT PUNE). The Hon'ble High Court held that in a case of a housing project which includes commercial area, permitted under the rules of a local authority. Since, the housing project/commercial area is within the parameters laid down by the Hon'ble jurisdictional High Court, therefore, we find no infirmity in the conclusion drawn by the ld. Commissioner of Income Tax (Appeals). - Decided in favour of assessee.
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