SKYLAND DEVELOPERS Vs. INCOME TAX OFFICER
INCOME TAX APPELLATE TRIBUNAL
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(1.) THESE are the appeals filed by the assessee against the separate orders of the Commissioner of Income Tax(Appeals) for Assessment Years 2000 01 and 2001 02, both dated 29.01.2010 and for Assessment
Year 2006 07 dated 31.01.2011.
(2.) THE sole issue involved in all these appeals is that the Commissioner of Income Tax(Appeals) erred in disallowing the claim for deduction u/s. 80IB(10) of the Act for Rs 17,48,939/ in Assessment Year 2000
01, Rs 35,53,660/ in Assessment Year 2001 02 and Rs. 9,56,170/ in Assessment Year 2006 07.
(3.) WE have heard the rival submissions and perused the orders of lower authorities and materials available on record. The undisputed facts of the case are that the assessee claimed deduction u/s. 80IB
(10) on housing project constructed near Blind Man Association, Ranip, Ahmedabad. The same was
disallowed by the Assessing Officer and confirmed in appeal by the Commissioner of Income Tax(Appeals).
The Authorized Representative of the assessee filed before us a copy of the consolidated order of this Bench of the Tribunal passed in the case of the assessee itself in ITA Nos. 1086 & 1087/Ahd/2007 in the
Assessment Year 2002 03 and 2003 04 dated 11.03.2008 and submitted that the disallowance of
deduction u/s. 80IB(10) to the assessee in Assessment Year 2002 03 and 2003 04 made by the
Assessing Officer was deleted by the Commissioner of Income Tax(Appeals) on appeal filed by the
assessee and on further appeal filed by the Revenue, the Tribunal confirmed the order of the
Commissioner of Income Tax(Appeals) and dismissed the appeal of the Revenue. He further submitted
that in the present years under consideration, the project remains the same on which the assessee has
claimed deduction u/s. 80IB(10). He further submitted that the Revenue has not filed any further appeal
to the High Court against the order of the Tribunal for Assessment Year 2002 03 and 2003 04. Thus, the
issue has attained finality and therefore, following the order of the Tribunal in the present years of the
appeal also, deduction u/s. 80IB(10) should be allowed to the assessee.;
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