THE COMMISSIONER OF INCOME TAX vs. M/S BRIGADE ENTERPRISES LTD
What did the High Court hold?
The High Court, following a related order, answered the substantial questions of law against the revenue and in favor of the assessee. The court found that the appellate authorities were correct in their assessment regarding the deduction.
What were the facts?
The Revenue appealed against an ITAT order that allowed deduction under Section 80IB(10) to the assessee for Assessment Year 2008-09. The assessee was granted proportionate deduction for units smaller than 1,500 sq. ft. and for commercial areas exceeding 5% of the project.
What were the issues?
Whether the assessee satisfied the conditions for deduction under Section 80IB(10), including unit size and commercial area percentage, and if proportionate deduction was permissible.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF SEPTEMBER 2020
PRESENT
THE HON’BLE MR. JUSTICE ALOK ARADHE
AND
THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD
I.T.A. NO.55/2013 BETWEEN:
THE COMMISSIONER OF INCOME-TAX C.R. BUILDING, QUEENS ROAD BANGALORE.
THE DY. COMMISSIONER OF INCOME-TAX CIRCLE-11(2), C.R. BUILDING QUEENS ROAD, BANGALORE.
... APPELLANTS (BY SRI. K.V. ARAVIND, ADV.,)
AND:
M/S. BRIGADE ENTERPRISES LTD., PENT HOUSE, BRIGADE TOWERS NO.135, BRIGADE TOWERS BANGALORE-560025. ... RESPONDENT (BY SRI. CHYTHANYA K.K. ADV.) - - -
THIS ITA IS FILED UNDER SECTION 260-A OF I.T. ACT, 1961 ARISING OUT OF ORDER DATED 07.09.2012 PASSED IN ITA NO.1357/BANG/2010 FOR THE ASSESSMENT YEAR 2008-09, PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO: (I) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED THEREIN.
(I) ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE ITAT, BANGALORE IN ITA NO.1357/BANG/2010 DATED 07-09-2012 CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX OFFICER, CIRCLE-11(2), BANGALORE.
THIS ITA COMING ON FOR FURTHER HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as the Act for short) has been preferred by the revenue. The subject matter of the appeal pertains to the Assessment year 2008-09. The appeal was admitted by a bench of this Court vide order dated 07.06.2013 on the following substantial questions of law: (i) Whether the appellate authorities were correct in holding that the assessee firm is eligible for deduction under Section 80IB(10) of the Income-Tax Act without appreciating that the assessee has not satisfied the requirements as laid down in clauses (a) to (d) of sub-Section (1) of Section 80IB(10) of the Act?
(ii) Whether the appellate authorities were correct in allowing proportionate deduction under Section 80IB(10) in respect of the individual units measuring less than 1,500 sq.ft. contrary to the provisions of Section 80IB(10) of the Act, when Section contemplates fulfillment of condition of less than 1500 sq.ft. in respect of the entire project?
(iii) Whether the appellate authorities were correct in holding that the assessee is entitled to deduction under Section 80IB(10) of the Act, admittedly when the commercial area in the project was more than 5% by holding that each residential block has to be taken into consideration for computing percentage of commercial area, when the provision contemplates fulfillment of conditions for the entire project and recorded a perverse finding?
For the reasons assigned by us in the order passed today in ITA No.54/2013, the substantial
questions of law are answered against the revenue and in favour of the assessee.
In the result, the appeal fails and is hereby dismissed.
Sd/- JUDGE
Sd/- JUDGE ss
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
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- 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
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