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2019 (5) TMI 339 - AT - Income TaxDeduction u/s 80IB in respect of profit from the Housing Project at Jodhpur namely “ASHIANA AMARBAGH’ - HELD THAT:- As decided in assessee's own case [2017 (12) TMI 1391 - ITAT KOLKATA] and [2016 (3) TMI 84 - ITAT KOLKATA] allowing the claim of the assessee for deduction under section 80IB. Addition on account of cost of development - assessee had incurred substantial development cost in respect of its Housing Project “ASHIANA AMARBAGH’ undertaken in Jodhpur, Rajasthan and the said cost was allocated by the assessee to the different phases of the Project - HELD THAT:- It is observed that even the AO in his assessment order did not pinpoint any defect or deficiency in such basis or method adopted by the assessee. As contended on behalf of the assessee before the CIT(Appeals) as well as before the Tribunal, the same basis or method was adopted by the assessee for allocating the development cost even in the earlier years and the same was accepted by the AO. No infirmity in the impugned order of the CIT(Appeals) accepting the basis or method adopted by the assessee consistently for allocation of development cost of different Phases of the Project and deleting the disallowance made by the Assessing Officer on this issue. The same is, therefore, upheld dismissing Ground No. 2 of the Revenue’s appeal.
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