VEENA DEVELOPERS,THANE vs. ACIT CIR 4, THANE

PDF · subscribers
ITA 177/MUM/2017Status: DisposedITAT Mumbai18 June 2018AY 2012-133 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal found no rationale for attributing expenses to non-taxable income projects and noted that the disallowance was made on an ad-hoc basis without proper reasoning. Therefore, the disallowance was deleted.

What were the facts?

The assessee, a builder, claimed deductions under Section 80IB(10) for certain projects. The AO disallowed 50% of construction expenses on an ad-hoc basis, attributing them to non-taxable income projects. The CIT(A) confirmed this disallowance.

What were the issues?

Whether the ad-hoc disallowance of expenses by the AO and confirmed by the CIT(A) was justified without any proper rationale for attributing expenses to non-taxable income projects.

Which sections of the Income-tax Act were involved?

Section 80IB(10)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “F” BENCH, MUMBAI

For Respondent: DR Assessee by :
Hearing: 18.06.2018

This appeal by the assessee is arising out of the order of Commissioner of Income Tax (Appeals)-3, Mumbai [in short CIT(A)], in appeal No. 87-THN/15-16 dated 7.10.2016. The Assessment was framed by the Assistant Commissioner of Income Tax, Circle-4, Thane (in short ‘ACIT’) for the A.Y. 2012-13 vide order dated 30.03.2015 under section 246A(1)(a) of the Income Tax Act, 1961 (hereinafter ‘the Act’).

2.

The only issue in this appeal of the assessee against the order of CIT(A) confirming the action of the A.O. in disallowing expenses and attributing the same to tax free project on ad-hoc manner. For this, assessee has raised following grounds:

The Ld. CIT(A) erred in law and in facts by confirming the ad-hoc disallowance of ₹27,90,045/- made by the A.O. by holding that transfer of expenses from tax free project to taxable projects cannot be ruled out.

3.

Briefly stated facts are that the assessee is a builder and developer. During the year under consideration, the assessee has declared income from business and profession at ₹21,52,47,493/-. The A.O. during the course of assessment proceedings noticed that the assessee has claimed deduction under section 80IB(10) of the Act on the project Veena Saaz, Building No.5, further deduction on project Veena Santoor (A, B & C Blocks) and also Veena Santoor (D, E, F & G Blocks). The assessee has disclosed taxable profit from the project Veena Saaz, wherein the claim of deduction under section 80IB(10) of the Act was made at ₹9,44,14,389/-. However, the A.O. also was of the view that 50% of the total construction expenses of ₹55,80,093/- i.e. it comes to ₹27,90,045/- is relatable to the projects involving non-taxable income. Accordingly, he disallowed 50% of the expenses on ad- hoc basis. Aggrieved against disallowance of 50% of ad-hoc expenses, preferred appeal before CIT(A). CIT(A) without giving any reason, confirmed the action of the A.O. by stating that the A.O. has disallowed proportionately assigned/distributed expenses to the projects. Aggrieved against the action of the CIT(A), now assessee is in appeal before the Tribunal.

4.

We have heard the rival contentions and gone through the facts and circumstances of the case. We find that the A.O. as well as CIT(A) has just simply disallowed the expenses by proportioning the expenses to the projects, which gives taxable income and non- taxable income. But we could not find any rationale or any reason for attributing such expenses to the project of non-taxable income. Hence, we delete the disallowance and allow the appeal of the assessee.

In the result, the appeal filed by the assessee is allowed. 5.

More judgments on Section 80IB(10)

All 838 judgments and leading authorities on Section 80IB(10) →

Latest GST High Court judgments

Search GST case law →