The Commissioner of Income-tax, Central Circle, Chennai v. M/s. Siddarth Foundations & Housing Limited
[Citation -2014-LL-1114-47]
| Citation | 2014-LL-1114-47 |
|---|---|
| Appellant Name | The Commissioner of Income-tax, Central Circle, Chennai |
| Respondent Name | M/s. Siddarth Foundations & Housing Limited |
| Court | HIGH COURT OF MADRAS |
| Relevant Act | Income-tax |
| Date of Order | 14/11/2014 |
| Judgment | View Judgment |
| Keyword Tags | construction of housing project • works contract |
| Bot Summary: | Respondent APPEAL under Section 260-A of the Income Tax Act against the order dated 23.09.2011 made in I.T.A.No. 2193/Mds/2010 on the file of the Income Tax Appellate Tribunal, 'B' Bench for the assessment year 2004-05. For Appellant : Mr.M.Swaminathan Standing Counsel for Income Tax For Respondent : Mr.R.Sivaraman 2 JUDGMENT This Tax Case filed by the Revenue as against the order of the Income Tax Appellate Tribunal was admitted by this Court on the following substantial question of law: Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee is doing works contract and the assessee is eligible for deduction under Section 80IB(10) which is against the provisions 2. The assessment in this case relates to the assessment years 2004- 05. The issue involved in this 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. 581 582 of 2011 and 314 315 of 2012 dated 01.11.2012 in favour of the assessee and against the Revenue holding that for the purpose of considering the deduction, it is not necessary that the assessee, engaged in developing and construction of housing project, should be the owner of the property. Following the above-said decision of this Court, the above Tax Case are dismissed and the order of the Tribunal stands confirmed. |