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2020 (3) TMI 1237 - HC - Income TaxDeduction u/s.80IB(10) - assessee was not sole owner of the land on which the housing project was constructed - AO observed that, assessee is not entitled to deduction under section 80IB(10) in view of the common commencement certificate/raja-chhiththi because it includes 55 residential units of having more than 1500 sq.ft. built up area - HELD THAT:- It is discernible that as there is no provision of obtaining commencement certificate from the local authority for development and construction of the residential unit having more than 1500 sq.ft area. In the facts of the present case, when the assessee claimed the deduction with respect to the residential units, which are having built up area less than 1500 sq.ft, the condition laid down under section 80IB(10)(c) is fulfilled. Therefore, whether such development permission includes the area for the residential units, which are more than 1500 sq.ft. would not be relevant for deciding eligibility to deducting under section 80IB(10) of the Act. In view of concurrent findings of fact arrived at by the CIT(A) and the Tribunal, there is no legal infirmity in the impugned orders of allowing deduction under section 80IB(10) of the Act. - Decided against revenue
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