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2014 (5) TMI 1137 - ITAT PUNEDisallowance of claim of deduction u/s.80IB(10) - Gram Panchayat is not a local authority competent to issue approvals and completion for the housing project - Held that:- We hold that the concerned Gram Panchayat is a competent local authority for the purpose of issuing approval and completion certificates for claiming deduction u/s.80IB(10) in respect of the profit from sale of eligible flats in project in question. The Assessing Officer is directed accordingly. See Shri Krishna Haribhau Lohokare, Prop. Harikrupa Builders Versus ITO, Ward-4 (5) , Pune [2013 (2) TMI 800 - ITAT PUNE ] Road area not part of the project and hence the area of the land was less than one acre - Held that:- This issue is covered in favour of assessee by the order of ITAT, Pune ‘B’ Bench in Bunty Builders Vs. ITO [2010 (2) TMI 791 - ITAT, Pune ] to hold that the area of amenity space compulsorily required to be handed over to Municipal Corporation constitutes an integral part of housing project and hence, is required to be considered while calculating the one acre area of plot of land of housing project for the purpose of deduction u/s.80IB(10). So, the assessee is eligible for claiming deduction on this account as well. The Assessing Officer is directed accordingly. - Appeal decided in favour of assessee
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