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2023 (1) TMI 651 - AT - Income TaxDeduction u/s. 80-IB(10) - sale of more than one flat to the members of a family - AO also held that the construction of the assessee’s project was in such a way to facilitate the construction of staircase by having a large hole on the roof, which was unusual in such projects - only single kitchen was provided for two flats and also the fact that the investors Shri Vimal Kumar Poddar and Mrs. Chaula Vimal Poddar had taken two adjacent flats, shows that these flats were not meant for small and middle income groups - HELD THAT:- It is observed that the tribunal in own case 2014 (12) TMI 561 - ITAT MUMBAI] and [2015 (4) TMI 1351 - ITAT MUMBAI]have decided this issue in favour of the assessee. The Tribunal held that the assessee has constructed the flat well in accordance with the approved plan and has also sold the said flats to the buyers with the same specification. Tribunal held that mere provision of a hole for staircase to convert the flats to duplex was only a marketing strategy adopted by the assessee to enhance the sale. It was considered a minor deviation as per the approved plan. It also held that the sale of more than one flat to the members of a family is not a ground for rejecting the claim of deduction u/s. 80IB. Thus we are of the considered opinion that the assessee is entitled to its claim of deduction u/s.80IB(10) of the Act. - Decided against revenue.
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