CIT v. Vandana Properties

353 ITR 36High Court2013#1293 most cited

What is CIT v. Vandana Properties authority for?

The Bombay High Court holds that for deduction under Section 80IB(10), the minimum plot area of one acre refers to the aggregate area of the land on which housing projects are developed, not necessarily to each individual project if multiple projects are undertaken on a larger single plot. This means the deduction is allowable even if a sub-block within the overall project is less than one acre, provided the total plot size meets the minimum.

88

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2015 to 2025.

Also referred to as

CIT v. Vandana Properties · Section 80IB(10) · Section 80IB(10)(b) · housing project deduction · minimum plot area · multiple projects on single plot · aggregate plot size · eligibility for deduction · Bombay High Court · tax deduction housing project · builder deduction 80IB(10) · plot size one acre

Issues it is cited on

Judgments citing CIT v. Vandana Properties

M/S. Bafna Jangda Construction, Pune vs. Income-Tax Officer, Pune

In the result, the appeal of the assessee stands allowed

ITA 1052/PUN/2011[2007-08]Status: DisposedITAT Pune29 Jan 2021AY 2007-08

Bench: Shri Inturi Rama Rao, Am & Shri S. S. Viswanethra Ravi, Jm आयकर अपील सं. / Ita No.1052/Pun/2011 िनधा"रण वष" / Assessment Year : 2007-08 Bafna Jangda Construction, C- 314, Business Court, Mukund Nagar, Pune-411037. .......अपीलाथ" / Appellant Pan : Aagfb6141B बनाम / V/S. Ito, Ward- 11(4), ……""यथ" / Respondent Pune. Assessee By : Shri S. N. Puranik Revenue By : Shri Sudhendu Das सुनवाई क" तारीख / Date Of Hearing : 21.01.2021 घोषणा क" तारीख / Date Of Pronouncement : 29.01.2021 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)- 1, Pune (‘The Cit(A)’ For Short) Dated 12.01.2011 For The Assessment Year 2007-08. 2. The Appellant Raised The Following Grounds Of Appeal :- “1. Lower Authority Has Erred Both On Facts & On Law In Rejecting Appellant’S Claim U/S 80Ib(10). Same May Please Be Allowed. 2. Lower Authority Has Erred In Excluding The Land Area Of 1,508.49 Sq.Mtrs. For Road Widening. As Total Size Of Plot Of Land Of The Project Is 4,722.45 Sq. Mtrs. As Such More Than One Acre. Hence Appellant Be Declared Eligible For Deduction U/S 80Ib(10). 3. A) Assessee Firm Denies Its Liability To Interest U/S 234B.

For Appellant: Shri S. N. PuranikFor Respondent: Shri Sudhendu Das
Section 143(3)Section 234BSection 80I

…position of law that any housing project which has been approved by the local authority as a housing project should be considered as appropriate housing project u/s 80IB(10) of the Act as held by the Hon’ble Bombay High Court in the case of Vandana Properties 353 ITR 36 and CIT vs. Voora Properties, 373 317. Further, we observe that either the Assessing Officer or the CIT(A) did not meet the contention of the appellant that 4000 sq.mtrs. with reference to which the permissible of construction area was granted by the municipal authorities is equivalent to one acre in metric system. Thus, there is no material on re…