Commissioner of Income-tax, Central Circle, Tiruchirapalli v. M. Anand & Others
[Citation -2014-LL-1112-18]
| Citation | 2014-LL-1112-18 |
|---|---|
| Appellant Name | Commissioner of Income-tax, Central Circle, Tiruchirapalli |
| Respondent Name | M. Anand & Others |
| Court | HIGH COURT OF MADRAS |
| Relevant Act | Income-tax |
| Date of Order | 12/11/2014 |
| Assessment Year | 2006-07 |
| Judgment | View Judgment |
| Keyword Tags | housing project |
| Bot Summary: | Respondent in both T.C.(A)s APPEALs under Section 260-A of the Income Tax Act against the order dated 22.08.2013 made in I.T.A.Nos. 3 and 4/Mds/2011 on the file of the Income Tax Appellate Tribunal, 'A' Bench for the assessment years 2006-07 and 2007-2008. For Appellant : Mr.M.Swaminathan Standing Counsel for Income Tax For Respondent : No appearance 2 COMMONJUDGMENT The above Tax Case filed by the Revenue as against the order of the Income Tax Appellate Tribunal were admitted by this Court on the following substantial question of law: Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in holding that the assessee is entitled for the deduction under Section 80IB(10) for the housing project with respect to residential flats with built up area not exceeding 1500 square feet even though in the same housing project, the assessee had constructed flats exceeding built up area of 1500 square feet 2. The assessment in the above cases relate to the assessment years 2006-07 and 2007-2008. The issue involved in the above Tax Case that whether the assessee is entitled for deduction under Section 80IB(10) of the Income Tax Act has already been decided by this Court in T.C.(A)Nos. 471 of 2010 dated 02.11.2012 reported in 2013 29 taxmann.com 19(Madras) in favour of the assessee and against the Revenue holding that the assessee is entitled to the claim of deduction but to the extent of each of the blocks satisfying the conditions under Section 80-IB(10) on a proportionate basis. Following the above-said decision of this Court, the above 3 Tax Case are dismissed and the order of the Tribunal stands confirmed. |