BAASHYAM CONSTRUCTIONS PVT LTD.,CHENNAI vs. ITO, CENTRAL CIECLE 2(1), CHENNAI
What were the facts?
The assessee claimed deduction under Section 80-IB(10) for a housing project. The Assessing Officer denied the deduction, viewing it as a land sale. The CIT(A) initially allowed the deduction but directed an adjustment for the cost of land. The Tribunal and High Court eventually ruled in favor of the assessee, stating they were a developer entitled to the deduction.
What did the Tribunal hold?
The Tribunal held that the CIT(A)'s direction to adjust the cost of land was an error, as the cost was already included in the Work-in-Progress debited to the P&L account. The Tribunal rectified the order to allow the deduction based on the disclosed profits.
What were the issues?
Whether the assessee was eligible for deduction under Section 80-IB(10) as a developer and whether the CIT(A) erred in directing an adjustment for the cost of land.
Which sections of the Income-tax Act were involved?
Section 80-IB(10),Section 115JB,Section 250,Section 143(3),Section 154
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘B’ BENCH: CHENNAI
Before: SHRI ABY T. VARKEY & SHRI S.R.RAGHUNATHA
PER ABY T. VARKEY, JM: This appeal preferred by the assessee is against the order of the Learned Commissioner of Income Tax (Appeals)-19, Chennai (hereinafter referred to as ‘Ld.CIT(A)’) dated 14.11.2025 for the Assessment Year (hereinafter referred to as ‘AY’) 2010-11. M/s. Baashyam Constructions Pvt. Ltd.
Briefly stated, the facts of the case are that, the assessee company is engaged in the business of real estate.
The order continues below.
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More judgments on Section 80-IB(10)
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- Assistant Commissioner of Income Tax… vs Atul Projects India Private Limited, MumbaiITA 5219/MUM/2026[2022-23]Status: Disposed1 Sept 2026AY 2022-23
- DCIT-12(2)(2), Mumbai vs M/S.Guruashish Construction Private…ITA 2512/MUM/2018[2012-13]Status: Disposed10 Aug 2026AY 2012-13
- P V Hemalatha, Kozhikode vs DCIT, Circle-1(1), KozhikodeITA 961/COCH/2025[2018-19]Status: Disposed16 Jun 2026AY 2018-19
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