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2019 (2) TMI 644 - ITAT PUNEDeduction u/s 80IB(10) denied - plea of assessee was that it had plot area of 4074 sq.mtrs., out of which road acquisition area was reserved of 513.80 sq.mtrs. and on the remaining area of 3560.20 sq.mtrs. the housing project was built - Held that:- Where the assessee had purchased land admeasuring 4074 sq.mtrs. vide registered Development Agreement dated 31.08.2004 and where also the sanctioned building plan mentioned the plot area of 4074 sq.mtrs., out of which deduction of road acquisition by PMC was 513.80 sq.mtrs., fulfills the basic condition of section 80IB(10) of developing the housing project on minimum area of one acre. It was held that road acquisition area which was left out was part of housing project. The said proposition has also been applied by the Tribunal in assessee’s own case in assessment year 2009-10 [2013 (10) TMI 1514 - ITAT PUNE]. The case of assessee is thus, squarely covered by earlier orders of Tribunal. Accordingly, we find no merit in the grounds of appeal raised by Revenue and the same are dismissed. - Decided against revenue.
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