THE PR COMMISSIONER OF INCOME TAX CIT(A) vs. M/S KARAVALI HOUSING

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ITA/119/2016HC KarnatakaKAHC01023653201604 October 2021Bench: S.SUJATHA,RAVI V HOSMANI3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court noted that the Tribunal had dismissed the Revenue's appeal and the assessee's cross-objections. Therefore, the Court found no substantial question of law to answer and dismissed the appeal.

What were the facts?

The Revenue appealed against an ITAT order that allowed a deduction under Section 80IB(10) to the assessee. The appeal was admitted to consider a substantial question of law regarding the violation of a condition related to the minimum area of the land for the housing project.

What were the issues?

Whether the Tribunal erred in allowing deduction under Section 80IB(10) despite alleged violation of the minimum land area condition. Whether a substantial question of law arises when the Tribunal's order was based on dismissing both the appeal and cross-objections.

Which sections of the Income-tax Act were involved?

Section 80IB(10),Section 260A

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 04TH DAY OF OCTOBER, 2021

PRESENT

THE HON’BLE MRS. JUSTICE S. SUJATHA AND

THE HON’BLE MR. JUSTICE RAVI V. HOSMANI

I.T.A. NO.119/2016

BETWEEN:

1.

THE PR. COMMISSIONER OF INCOME TAX, CIT(A) C.R.BUILDING, ATTAVARA MANGALURU-575 001.

2.

THE ASST. COMMISISONER OF INCOME-TAX CIRCLE-2(1), C.R.BUILDING BANGALORE-560 001.

…APPELLANTS

[BY SRI. E.I. SANMATHI, ADVOCATE A/W SRI. K.V.ARAVIND, ADVOCATE (PHYSICAL HEARING)]

AND:

M/s. KARAVALI HOUSING NO.9, CITY POINT, KODIALBAIL MANGALURU-575 001. PAN: AAGFK 2974D.

… RESPONDENT

(BY SRI. MALHAR RAO K., ADVOCATE (PHYSICAL HEARING))

THIS APPEAL IS FILED UNDER SECTION 260A OF THE INCOME-TAX ACT, 1961, ARISING OUT OF ORDER DATED 11.09.2015 PASSED IN C.O. No.59/BANG/2014 FOR THE ASSESSMENT YEAR 2011-2012.

THIS APPEAL COMING ON FOR HEARING, THIS DAY, S.SUJATHA J., DELIVERED THE FOLLOWING:

JUDGMENT

This appeal is preferred by the Revenue under Section 260-A of the Income Tax Act, 1961 (hereinafter referred to as ‘Act’ for short) assailing the order of the Income Tax Appellate Tribunal, Bengaluru (‘Tribunal’ for short) passed in C.O.No.59/Bang/2014 dated 11.09.2015.

The appeal has been admitted to consider the following substantial question of law: “Whether on the facts and in the circumstances of the case, the Tribunal was right in law in allowing deduction under Section 80IB(10) to the assessee despite violation of condition contained in 80IB(10)(b) which states that the housing project should be on a plot of land which has a minimum area of 1 acre?”

Learned counsel for the Revenue drawing the attention of the Court to paragraphs 10 and 11 of the impugned order submitted that the Tribunal has recorded that the cross objections of the assessee filed are only in support of CIT(A) and accordingly dismissed the appeal of the revenue and cross objections of the

assessee. Hence, no substantial question of law requires to be answered in the present appeal.

The said submission is placed on record.

Accordingly, appeal stands dismissed sans answering the substantial question of law raised, reserving liberty to the revenue to address on the substantial question of law raised in ITA No.123/2016 arising out of the common impugned order of the Tribunal dated 11.09.2015.

Sd/- JUDGE

Sd/- JUDGE

BVK

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