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2022 (1) TMI 1157 - AT - Income TaxProportionate deduction u/s.80IB(10) - AO disallowed the entire deduction on the ground that the assessee contravened the provisions of section 80IB(10)(f) by selling two units to one person - HELD THAT:- If there was violation of the relevant provision, only the deduction pertaining to such violation ought to have been disallowed. The ld. CIT(A), in our opinion, was fully justified in allowing the deduction on the amount claimed because the assessee had suo motu claimed deduction u/s.80IB(10) on reduced amount. The view taken by the ld. CIT(A) accords with the judgment of the Hon’ble jurisdictional High Court in M/s. Kamat Constructions Pvt. Ltd. [2020 (12) TMI 90 - BOMBAY HIGH COURT] in which identical facts were involved and the Hon’ble High Court approved the granting of deduction on proportionate basis. We, therefore, accord our imprimatur to the view taken by the ld. CIT(A).
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