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2017 (11) TMI 1127 - AT - Income TaxClaim of exemption under section 80-IB(10) - disallowance of income earned from Emerald Park Annex Project, on the ground that each unit exceeded the area of 1,500 square feet - Held that:- The assessee fairly admitted that the issue is squarely covered by the orders passed by the ITAT in the assessee's own case for the earlier assessment years 2008-09 to 2010-11. Under these circumstances, we do not find any reason to interfere with the order passed by the learned Commissioner of Income-tax (Appeals) and accordingly reject the grounds urged by the assessee. Applicability of the provisions of section 14A - Held that:- We are of the view that the learned Commissioner of Income-tax (Appeals) erred in applying the provisions of section 14A in the instant case despite the fact that there is no exempt income earned by the assessee. - Decided in favour of assessee.
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