Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2014 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (2) TMI 1387 - AT - Income TaxDeduction u/s 80IB(10) denied - project was not a housing project as envisaged under section 80-IB(10) - Whether project was not a housing project as envisaged under section 80-IB(10)? - assessee had claimed himself to be ‘developer’ of a plot measuring 14.75 acres alongwtih all basic amenities like roads, parks, street lights, children play area etc - HELD THAT:- An identical claim of deduction had been disallowed by the Assessing Officer in assessment year 2009-10 and the ‘tribunal’has confirmed similar findings of the CIT(A) deleting the same. [2013 (11) TMI 1745 - ITAT CHENNAI] as transpires that in preceding as well as the impugned assessment year, the Assessing Officer had made disallowance of deduction u/s 80IB(10) qua the very project ‘ Chettinadd Enclave’ sought to have been developed by the assessee on similar analogy of reasons (supra). We find from the tribunal’s order that similar grounds were raised wherein issue of deduction stands decided in favour of the assessee. In these circumstances, by following the order of the ‘tribunal’ in assessee’s own case for the very project in the nature of deduction u/s 80IB(10) of the Act , we see no reason to adopt a different view in the impugned assessment year. Consequently, the CIT(A)’s findings are affirmed. - Decided against revenue.
|