M/S. VAIBHAV CONSTRUCTION,ANAND vs. THE INCOME TAX OFFICER,WARD-1,, ANAND

In the result the appeal of the assessee is partly allowed

8Q-IB of the Income-tax Act, 1961 - Deductions - Profits and gains from industrial undertakings other than infrastructure development undertakings - Assessment year 2004-05 - Whether it is area of plot, and not built up area, which is relevant for purpose of deciding eligibility of a project under section 80-IB (10) - Held, yes - Whether in case an assessee finds that

THE ACIT, CIRCLE2(1)(2),, AHMEDABAD vs. KALTHIA ENGINEERING & CONSTRUCTION LTD., AHMEDABAD

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita No. 2127/Ahd/2017 िनधा"रण वष"/Asstt. Year: 2014-2015 A.C.I.T., Kalthia Engineering & Construction Ltd., Circle-2(1)(2), Vs. 193, Kalthia House, Ahmedabad. Thaltej, Ahmedabad.

8Q-IA(1), deduction is given to eligible business and the same is defined in sub-section (4). Sub-section (2) provides option to the assessee to chose 10 consecutive assessment years out of 15 years. Option has to be exercised and if it is not exercised, the assessee not be getting the benefit. Fifteen years is outer limit