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2022 (2) TMI 877 - AT - Income TaxAddition u/s.80IB(10) - proportionate deduction - assessment was completed by the AO on the ground that one of the unit sold by the assessee is above 1500 square feet and therefore the entire claim of deduction under section 80IB was rejected by the AO - HELD THAT:- As rightly pointed out by the ld.DR only one unit in the project i.e. A/57-58 which is admeasuring 1508.41 square feet. This fact has also been confirmed by the Department Valuation Officer. The assessee cannot be denied of entire remaining housing projects under this provision just because one unit is in excess of 1500 square feet. Judgment in the case of Viswas Promoters P.Ltd [ 2012 (11) TMI 1117 - MADRAS HIGH COURT] Ltd (supra) supports the case of the assessee. Also see M/S SHREENATH BUILDCON [2018 (12) TMI 1723 - SC ORDER] er allowing assessee's claim for deduction under section 80-IB by taking a view that simply because out of several units included in housing project, only in one of them, constructed area exceeded upper limit; that too, by a small margin, deduction claimed could not be denied in respect of entire housing project. - Decided in favour of assessee.
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