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2018 (3) TMI 1201 - AT - Income TaxEligibility to deduction u/s. 80IB(10)- Held that:- Assessee is eligible for claiming benefit of deduction u/s. 80IB(10) in respect of building (except building H4) of residential project "Harsh Paradise‟. The DR has not been able to controvert the findings of Tribunal in earlier assessment years above. Accordingly, ground Nos. 1 and 2 raised in appeal by Revenue are dismissed and the findings of Commissioner of Income Tax (Appeals) in holding assessee eligible for deduction u/s. 80IB(10) are upheld. Benefit of deduction u/s. 80IB(10) in respect of Flat Nos. 702 to 704 in Building H3 and Flat Nos. 302 and 303 in Building H1 - combined v/s single units - area exceeding prescribed limits - Held that:- In the instant case, as has been pointed earlier, the PMC had issued completion certificate in respect of flats in question as an independent unit. It is evident from the records that the possessions of the flats were given separately to the respective owners. Thus, all the flats were i.e. Flat Nos. 302 and 303 in Building H1 and Flat Nos. 702 to 704 in Building H3 were made separate residential units by the assessee. Thus appeal filled by revenue dismissed.
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