SHRI. N.D.GANDHI,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME-TAX,CIRCLE-6, NAGPUR

PDF · subscribers
ITA 166/NAG/2009Status: DisposedITAT Nagpur17 November 2022AY 2005-063 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal upheld the denial of deduction under Section 80IB(10) as the assessee failed to provide evidence of fulfilling the conditions for the deduction, similar to a previous assessment year.

What were the facts?

The assessee claimed deduction under Section 80IB(10) for income from a housing project. The Assessing Officer denied this deduction, stating the assessee did not meet the one-acre land requirement.

What were the issues?

Whether the assessee fulfilled the conditions for claiming deduction under Section 80IB(10), specifically the land area requirement.

Which sections of the Income-tax Act were involved?

Section 80IB(10),Section 143(3),Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, NAGPUR

Before: SHRI S.S. VISWANETHRA RAVI & DR. DIPAK P. RIPOTE

For Appellant: Shri Manoj G. Moryani

आदेश / ORDER

PER S.S. VISWANETHRA RAVI, JM :

1.

This appeal by the assessee against the order dated 16-02-2009 passed by the Commissioner of Income Tax (Appeals)-II, Nagpur [‘CIT(A)’] for assessment year 2005-06.

2.

We find that this appeal was filed with a delay of 41 days. To condone the said delay, the assessee filed application explaining the reasons for delay. On perusal of the same upon hearing both the parties, the delay of 41 days is condoned.

3.

The assessee raised two grounds of appeal amongst which the only issue emanates for our consideration is as to whether the CIT(A) is justified in confirming the denial of deduction u/s. 80IB(10) of the Act.

4. At the outset, we note that the assessee is an individual declared income from housing project by name Saket Dhan at Rs.30,08,447/-. The assessee claimed the said amount as exempt u/s. 80IB(10) of the Act, filed Form No. 10CCB in support of such claim. According to the AO, the assessee did not satisfy the primary condition of availability of one acre land for claiming deduction u/s. 80IB(10) of the Act and the assessee undertook his project only on 1201 sq. mtrs., by holding so the AO added an amount of Rs. 30,08,447/- to the total income of the assessee vide its order dated 18-12-2007 u/s. 143(3) of the Act. On perusal of page 6 of the impugned order, we note that the assessment order dated 27-12-2006 for A.Y. 2004-05 has been held by the CIT-III, Nagpur as erroneous and prejudicial to the interest of revenue u/s. 263 of the Act. The assessee challenged the said order before the Tribunal and the Tribunal upheld the directions of CIT-III, Nagpur in holding the assessment order for A.Y. 2004- 05 is erroneous and prejudicial to the interest of revenue. On perusal of para 9 of the impugned order, there was no evidence brought on record that the assessee fulfilled the conditions as contemplated u/s. 80IB(10) of the Act in support of claiming deduction u/s. 80IB(10) of the Act for the year under consideration. The CIT(A) following the order of Tribunal for A.Y. 2004-05 confirmed the order of AO in denying deduction u/s. 80IB(10) of the Act. The ld. AR fairly conceded that the facts and circumstances arising out of A.Y. 2004-05 is also identical to the year under consideration i.e. A.Y. 2005-06. Therefore, we find no infirmity in the order of CIT(A) in confirming the order of AO in denying the deduction u/s. 80IB(10) of the Act. Thus, the grounds raised by the assessee fails and are dismissed.

5.

In the result, the appeal of assessee is dismissed.

Order pronounced in the open court on 17th November, 2022.

More judgments on Section 80IB(10)

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

Recent GST High Court judgments

Search GST case law →