COMMISSIONER OF INCOME TAX, GANDHINAGAR vs. VRAJ CORPORATION
What did the High Court hold?
The Tribunal decided that no question of law arises from the ITAT's order. The High Court found that the CIT(A) and the Tribunal had examined the material on record and concluded that the land was, in fact, transferred to the assessee-firm. This finding of fact, based on the evidence, meant that the primary objection of the Assessing Officer regarding land ownership was not sustainable. Consequently, the disallowance made by the Assessing Officer under Section 80IB(10) was deleted by the Tribunal. The Tribunal also directed to allow deduction under Section 80IB(10) on the disallowance pertaining to vehicle and telephone expenses. The High Court, agreeing with the Tribunal's factual findings and its conclusion that no substantial question of law arises, dismissed the Revenue's appeal. The ratio decidendi is that where the lower appellate authorities have made factual findings based on material evidence, the High Court should not interfere unless a substantial question of law is involved.
What were the facts?
The Revenue, Commissioner of Income Tax, Gandhinagar, is in appeal against an order of the Income Tax Appellate Tribunal (ITAT), Ahmedabad Bench. The appeal concerns the assessment year(s) not explicitly stated but related to a deduction claimed by the assessee, Vraj Corporation, under Section 80IB(10) of the Income-tax Act, 1961. The Assessing Officer had disallowed a deduction of Rs. 5,03,11,524/-, primarily on the ground that the assessee was not the owner of the land it claimed to have developed. The CIT(A) and the ITAT, however, examined the material and concluded that the land was indeed transferred to the assessee-firm. The dispute also involves a direction by the ITAT to allow deduction under Section 80IB(10) on a disallowance of Rs. 1,06,625/- related to vehicle and telephone expenses.
What were the issues?
The Tribunal had to decide the following question of law: 1. Whether, on the facts and circumstances of the case, the Appellate Tribunal is justified in deleting the disallowance made under Section 80IB(10) of Rs. 5,03,11,524/= and also directing to allow deduction under Section 80IB(10) on disallowance out of vehicle and telephone expenses of Rs. 1,06,625/= ? The Revenue's contention, as reflected in the question of law, is that the disallowance made by the Assessing Officer under Section 80IB(10) should have been upheld. The core of this contention is that the assessee was not the owner of the land developed. The judgment does not record specific arguments from the assessee's side, but it implies that the assessee successfully argued that the land was transferred to the firm, leading to the ITAT's favorable decision. The judgment also does not explicitly state the Revenue's arguments regarding the vehicle and telephone expenses, other than their inclusion in the overall disallowance.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
The issue pertains to deduction under Section 80IB [10] of the Income-tax Act, 1961. The assessee claimed such deduction in relation to the income arising out of development of a housing project. The main objection of the Assessing Officer was that the assessee was not the owner of the land which it claimed to have developed. CIT [A] and the Tribunal, however, examined the material on record and came to the conclusion that the land was in fact transferred to the assessee-firm.
No question of law arises. Tax Appeal is dismissed. [Akil Kureshi, J.] [B.N Karia, J.] Prakash
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 →- Imtiyaz Shaikh Z Chorlekar vs. Salman ShaikhBombay · 21 Oct 2026
- Dr Babasaheb Ambedkar Marathwada University Thr Its Registrar Prashant S Amrutkar vs. Union Of INDIA Thr The Secretary And OthersBombay · 19 Oct 2026
- Babasaheb Ambedkar Marathwada University Thr Registrar Prashant S Amrutkar vs. Union Of INDIA Thr Secretary And OthersBombay · 19 Oct 2026
- Vinishma Technologies Private Limited vs. State Of KarnatakaKarnataka · 17 Oct 2026
- Vinishma Technologies Private Limited vs. State Of KarnatakaKarnataka · 17 Oct 2026