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2021 (5) TMI 365 - HC - Income TaxDeduction under Section 80-IB(10) - denial of proportionate deduction - Whether the Tribunal was correct in holding that assessee was not entitled to deduction u/s 80-IB(10) when the assessee has constructed the building in accordance with the original plan and had sold six individual units each measuring below 1500 sq.ft. and each of the sale deed did not fall within the prohibition contained under Section 80- IB(10)(f) ? - HELD THAT:- For the reasons assigned by this Court in the judgment M/s. S.N. Builders and Developers [2021 (1) TMI 789 - KARNATAKA HIGH COURT] and taking into consideration the fact that the entire claim of the assessee has been disallowed by the Assessing Officer without adverting to the merits of the claim made by the assessee, the orders passed by the Tribunal, Commissioner of Income Tax (Appeals) and the Assessing Officer insofar it pertains to claim of the appellant under Section 80-IB(10) of the Act are hereby quashed and the matter is remitted to the Assessing Officer to adjudicate the claim of the assessee under Section 80-IB(10) of the Act afresh in accordance with law.
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