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2019 (7) TMI 368 - AT - Income TaxDeduction u/s 80IB(10) - certain plans were seized which revealed that the Quantum Park project has two flats with built–up area of 2,000 sq.ft. per flat, whereas, in the other plan each floor had four flats having built–up area of less than 1,000 sq.ft. per flat - as per revenue housing project does not fulfilled the conditions of section 80IB(10) - HELD THAT:- After considering all aspects of the issue the Tribunal has categorically come to a finding that the Quantum Park project fulfills all the conditions of section 80IB(10). While doing so, the Tribunal has relied upon its own decision rendered in the case of Jivesh Developers and Properties Pvt. Ltd., [2018 (4) TMI 698 - ITAT MUMBAI] . On a perusal of the aforesaid decision by the Tribunal, it is noticed that after going through all the details, the Tribunal has recorded a factual finding that the Quantum Park project satisfies all the conditions of section 80IB(10) . The reasons on the basis of which assessee’s claim of deduction u/s 80IB(10) was disallowed in the preceding assessment years have been adopted by the AO while disallowing assessee’s claim of deduction under section 80IB(10) in the impugned assessment year. That being the case, respectfully following the decisions of the Tribunal as referred to above, we uphold the decision of learned Commissioner (Appeals) on the issue. - Grounds raised are dismissed.
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