DEPUTY COMMISSIONER OF INCOME-TAX, PUNE vs. M/S. SUKHWANI CHAWLA COMBINE, PUNE

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ITA 1194/PUN/2017Status: DisposedITAT Pune12 September 2019AY 2011-127 pages
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What did the Tribunal hold?

The Tribunal held that proportionate deduction is allowable to the extent the assessee has complied with the provisions of Section 80IB(10). The denial of deduction should be restricted only to the profits from the units sold to the related parties.

What were the facts?

The assessee, a builder, claimed deduction under Section 80IB(10) for its housing project. The Assessing Officer denied the deduction entirely, citing violation of Section 80IB(10)(f) due to sales to related parties. The CIT(A) allowed proportionate deduction, excluding profits from the units sold to the related parties.

What were the issues?

Whether the entire deduction under Section 80IB(10) should be denied for violation of clause (f), or if proportionate deduction is permissible. Whether sales to specific individuals constituted a violation of the related party clause.

Which sections of the Income-tax Act were involved?

Section 80IB(10),Section 80IB(10)(f)

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Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE

For Appellant: Shri Vipin K. Gujarathi
For Respondent: Shri Pankaj Garg
Hearing: 22.08.2019Pronounced: 12.09.2019

आदेश क� ��त�ल�प अ�े�षत/Copy of the Order forwarded to : 1. अपीलाथ� / The Appellant 2. ��यथ� / The Respondent 3. CIT(A)-6, Pune. 4. Pr. CIT-5, Pune. 5 �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, “बी” / DR, ITAT, “B” Pune; गाड� फाईल / Guard file. 6.

आदेशानुसार/ BY ORDER

// True Copy //

// True Copy // व�र�ठ �नजी स�चव / Sr. Private Secretary आयकर अपील�य अ�धकरण ,पुणे / ITAT, Pune.

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