RAJPARIS CIVIL CONSTRUCTIONS LIMITED,CHENNAI vs. DCIT, CHENNAI

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ITA 859/CHNY/2017Status: DisposedITAT Chennai19 April 2018AY 2011-20123 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal followed its previous order for the assessment year 2010-11 in the assessee's own case. The matter was remitted back to the Assessing Officer to verify if the built-up area of each flat was less than 1500 sq.ft.

What were the facts?

The assessee claimed deduction under Section 80-IB(10) of the Income-tax Act. The Assessing Officer and CIT(A) had passed orders on this claim. The assessee appealed to the ITAT.

What were the issues?

Whether the assessee is eligible for deduction under Section 80-IB(10) based on the built-up area of the flats.

Which sections of the Income-tax Act were involved?

Section 80-IB(10)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI

Before: SHRI N.R.S. GANESAN & SHRI A. MOHAN ALANKAMONY

For Respondent: Ms. S. Vijayaprabha, JCIT
Hearing: 02.04.2018Pronounced: 19.04.2018

आदेश /O R D E R

PER N.R.S. GANESAN, JUDICIAL MEMBER:

1.

This appeal of the assessee is directed against the order of the Commissioner of Income Tax (Appeals) -3, Chennai, dated 31.01.2017 and pertains to assessment year 2011-12.

2.

The only issue arises for consideration is deduction claimed by the assessee under Section 80-IB(10) of the Income-tax Act, 1961 (in short 'the Act').

3.

We heard Shri A. Satyaseelan, the Ld.counsel for the assessee and Ms. S. Vijayaprabha, the Ld. Departmental Representative. We find that this Tribunal in the assessee's own case for assessment year 2010-11, examined the issue and remitted back the matter to the file of the Assessing Officer to verify whether the built up area of each flat is less than 1500 sq.ft.

Therefore, by following the order of this Tribunal for the assessment year 2010-11 in the assessee's own case, the orders of both the authorities below are set aside and the issue is remitted back to the file of the Assessing Officer. The Assessing Officer shall re- examine the matter and bring on record whether the built up area of each flat is less than 1500 sq.ft. and thereafter decide the issue afresh in the light of the observation made by this Tribunal in the assessee's own case for assessment year 2010-11, after giving a reasonable opportunity to the assessee.

4.

In the result, the appeal filed by the assessee is allowed for statistical purposes.

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