Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2019 (1) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (1) TMI 1471 - HC - Income TaxDeduction of section 80IB(10) - whether the restriction of maximum permissible unit area imposed for an assessee to claim deduction under Section 80IB(10)? - Held that:- In the present case, taken a view that such amended provision would not be applicable to the housing project where the development of possession was granted earlier. The assessee however pointed out that such an issue has been decided by this Court in case of Commissioner of Income Tax Vs. Happy Home Enterprises and anr. (2014 (9) TMI 707 - BOMBAY HIGH COURT) hold that such modified requirement for claiming deduction under Section 80IB(10) cannot be enforced against those assessee where the housing project granted development permission prior to such date. We notice that Gujarat High Court in case of Maran Corporation [2012 (9) TMI 700 - GUJARAT HIGH COURT] has also taken a similar view. In any case where issue has now been considered by the Supreme Court in case of Commissioner of Income-Tax Vs. Sarkar Builders (2015 (5) TMI 555 - SUPREME COURT). In that view of the matter it would be worthwhile to admit these appeals since no question of law can be stated to have arisen. Both the appeals are therefore dismissed.
|