DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1(1), PUNE vs. M/S. BRAMHA CORP LTD,(FORMERLY KNOWN AS BRAHMA BUILDERS), PUNE
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal found no infirmity in the CIT(A)'s order, as it was supported by a High Court decision that dismissed the Revenue's appeal in the assessee's own case for a prior assessment year.
What were the facts?
The Revenue appealed against the CIT(A)'s order allowing deduction under Section 80IB(10) for two projects. The CIT(A) relied on a previous ITAT order in the assessee's own case.
What were the issues?
Whether the assessee is justified in claiming deduction under Section 80IB(10) for the projects in question, considering past precedents.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH, PUNE
Before: SHRI ANIL CHATURVEDI & SHRI S.S. VISWANETHRA RAVI
आदेश / ORDER
PER S.S. VISWANETHRA RAVI, JM :
This appeal by the Revenue against the order dated 19-01-2017 passed by the Commissioner of Income Tax (Appeals)-5, Pune [„CIT(A)‟] for assessment year 2011-12.
The appellant-revenue raised as many as ten grounds amongst which the only issue emanates for our consideration whether the CIT(A) is justified in allowing deduction u/s. 80IB(10) of the Act regarding the projects Brahma Avenue and Brahma Suncity in the facts and circumstances of the case.
Heard both parties and perused the material available on record. We find the CIT(A) held that the assessee is entitled to claim deduction u/s. 80IB(10) of the Act regarding two projects namely Brahma Avenue and Brahma Suncity. To come to such conclusion the CIT(A) placed reliance on the order dated 05-01-2017 of this Tribunal in assessee‟s own case in & 1748/PUN/2014. The ld. AR placed on record the decision of Hon‟ble High Court of Bombay in assessee‟s own case wherein we find the Revenue challenged the order dated 31-10-2014 of ITAT, Pune Benches in assessee‟s own case for the A.Y. 2008-09. The Hon‟ble High Court of Bombay was pleased to dismiss the substantial question of law raised by the appellant-revenue therein vide its order dated 27-03-2018. Therefore, we find no infirmity in the order of CIT(A) in holding that the assessee is entitled to claim the deduction u/s. 80IB(10) of the Act. Thus, the grounds raised by the Revenue in appeal are dismissed.
In the result, the appeal of Revenue is dismissed.
Order pronounced in the open court on 20th January, 2020.
More judgments on Section 80IB(10)
- Assistant Commissioner of Income Tax… vs Cosmos Constructions, ThaneITA 8234/MUM/2025[2012-13]Status: Disposed21 Sept 2026AY 2012-13
- ACIT-24(1), Piramal Chambers vs Atul Properties, MumbaiITA 8043/MUM/2025[2013-14]Status: Disposed17 Aug 2026AY 2013-14
- ACIT-24(1), Mumbai, Piramal Chambers vs Atul Properties, MumbaiITA 8042/MUM/2025[2012-13]Status: Disposed17 Aug 2026AY 2012-13
- Assistant Commissioner of Income Tax… vs Cosmos Enterprises, ThaneITA 8209/MUM/2025[2010-11]Status: Disposed14 Aug 2026AY 2010-11
- Assistant Commissioner of Income Tax… vs Cosmos Enterprises, ThaneITA 8208/MUM/2025[2009-10]Status: Disposed14 Aug 2026AY 2009-10
Recent GST High Court judgments
Search GST case law →- Mascot Constructions Co. And Another vs. The Commissioner Of Goods And Services Tax (GST) And AnotherBombay · 22 Oct 2026
- Ankil Jagdishchandra Kholwadwala vs. Union Of INDIA And AnrBombay · 22 Oct 2026
- Fasil Hussain Shah vs. Ut Of J And K Th Commissioner Secretary TO Government Finance Department And OthersJammu and Kashmir and Ladakh · 21 Oct 2026
- M/S. Devkinandan Traders vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- M/S Dixit Medical Agencies vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026