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2021 (12) TMI 26 - HC - Income TaxDeduction u/s 80IB(10) - Commencement certificate of the local authority for the housing project was obtained on 28th November 1992, i.e., much before 1st October 1998, the date on or after which the development and construction of the housing project should have commenced to be eligible for deduction u/s 80IB(10) - HELD THAT:- On the plan approved by local authority on 28th November 1992 it has been concluded and held on facts that the plan based on which the assessee commenced development and construction, was totally different from the plan which was approved on 28th November 1992 and the revised plan based on which the assessee commenced the development and construction, was entirely different from the original plan and that plan has been approved by the local authority only in 2003. It has been factually held that as per the original plan approved on 28th November 1992, two buildings were to be constructed on the aforesaid plot of land. As per the revised building plan approved by the local authority in 2003, seven buildings were to be constructed on the said plot of land. It is also not disputed that assessee is a different entity from Bombay Gas Co. Ltd. which had got original plan approved in 1992 and the assessee had taken possession of the plot of land only in the year 2003 and thereafter got the revised plan approved. ITAT has not committed any perversity or applied incorrect principles to the given facts and when the facts and circumstances are properly analysed and correct test is applied to decide the issue at hand, then, we do not think that question as pressed raises any substantial question of law.
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