The Commissioner of Income-tax, Madurai v. M/s. Visvas Promoters Private Limited
[Citation -2014-LL-1112-26]

Citation 2014-LL-1112-26
Appellant Name The Commissioner of Income-tax, Madurai
Respondent Name M/s. Visvas Promoters Private Limited
Court HIGH COURT OF MADRAS
Relevant Act Income-tax
Date of Order 12/11/2014
Assessment Year 2009-10
Judgment View Judgment
Keyword Tags built-up area
Bot Summary: Respondent APPEAL under Section 260-A of the Income Tax Act against the order dated 19.09.2013 made in I.T.A.No. 1446/Mds/2013 on the file of the Income Tax Appellate Tribunal, 'B' Bench for the assessment year 2009-10. For Appellant : Mr.M.Swaminathan Standing Counsel for Income Tax For Respondent : Mr.P.J.Rishikesh JUDGMENT This Tax Case is filed by the Revenue as against the order of the Income Tax Appellate Tribunal raising the following substantial question 2 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 to deduction under Section 80IB(10) on pro-rata basis by excluding the residential units with built-up area exceeding 1500 square feet, when the assessee has not obtained separate building plan from local authority 2. The assessment in this case relates to the assessment year 2009- 2010. The issue involved in this Tax Case that whether the assessee is entitled to deduction under Section 80IB(10) of the Income Tax Act has already been decided by this Court in the assessee's own case in respect of the previous assessment years, namely, 2004-05 to 2008-09 in T.C.(A)Nos. 471 of 2010 dated 02.11.2012 reported in 2013 29 taxmann.com 19 in favour of the assessee and against the Revenue holding that the assessee is entitled to the claim of deduction in respect of all the blocks forming part of the projects called Agrini and Vajra, 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 Tax Case are dismissed and the order of the Tribunal stands confirmed.


1 In High Court of Judicature at Madras Dated: 12.11.2014 Coram Honourable Mr. JUSTICE R.SUDHAKAR and Honourable Mr.JUSTICE R.KARUPPIAH Tax Case (Appeal) No.98 of 2014 Commissioner of Income Tax Madurai. Appellant Vs. M/s.Visvas Promoters Private Limited 78, Agrini Enclave, TPK Road, Andalpuram Madurai - 625003. Respondent APPEAL under Section 260-A of Income Tax Act against order dated 19.09.2013 made in I.T.A.No.1446/Mds/2013 on file of Income Tax Appellate Tribunal, 'B' Bench for assessment year 2009-10. For Appellant : Mr.M.Swaminathan Standing Counsel for Income Tax For Respondent : Mr.P.J.Rishikesh JUDGMENT (Delivered by R.SUDHAKAR,J.) This Tax Case (Appeal) is filed by Revenue as against order of Income Tax Appellate Tribunal raising following substantial question 2 of law: "Whether on facts and in circumstances of case, Income Tax Appellate Tribunal was right in holding that assessee is entitled to deduction under Section 80IB(10) on pro-rata basis by excluding residential units with built-up area exceeding 1500 square feet, when assessee has not obtained separate building plan from local authority? 2. assessment in this case relates to assessment year 2009- 2010. 3. issue involved in this Tax Case (Appeal) that whether assessee is entitled to deduction under Section 80IB(10) of Income Tax Act has already been decided by this Court in assessee's own case in respect of previous assessment years, namely, 2004-05 to 2008-09 in T.C.(A)Nos.1014 of 2009, 857 of 2010 and 190 to 192 of 2012 and W.A.No.471 of 2010 dated 02.11.2012 reported in [2013] 29 taxmann.com 19 (Madras) in favour of assessee and against Revenue holding that assessee is entitled to claim of deduction in respect of all blocks forming part of projects called Agrini and Vajra, but to extent of each of blocks satisfying conditions under Section 80-IB(10) on proportionate basis. 3 4. Hence, following above-said decision of this Court, above Tax Case (Appeals) are dismissed and order of Tribunal stands confirmed. No costs. Index :Yes/No (R.S.,J) (R.K.,J) Internet:Yes/No 12.11.2014 sl To 1. Income Tax Appellate Tribunal, "B" Bench, Chennai. 2. Commissioner of Income Tax (Appeals) -I (i/c), Madurai. 3. Deputy Commissioner of Income Tax, Circle I(1), Madurai. 4 R.SUDHAKAR,J. AND R.KARUPPIAH,J. sl T.C.(A) No.98 of 2014 12.11.2014 Commissioner of Income-tax, Madurai v. M/s. Visvas Promoters Private Limited
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