2013 (1) TMI 910 - AT - Income Tax

Deduction under section 80IB(10) upheld for proportionate units, excess commercial area disallowed.

The ITAT Nagpur Bench upheld the CIT(A)'s decision to allow deduction under section 80IB(10) on a proportionate basis after excluding units exceeding the ... - For assessment year 2006-07 the revenue appealed against the learned CIT(A)'s allowance of deduction under Section 80IB(10). The Assessing Officer disallowed Rs. 8,60,684, observing breach of Section 80IB(10) conditions because certain commercial units exceeded the prescribed built-up area of 1,500 sq.ft. The CIT(A) relied on Tribunal precedent (ITO v. AIR Developers, ITA No.447/Nag/2007) and records showing some units exceeded 1,500 sq.ft., holding that where units exceed the limit the assessee remains entitled to deduction 'on a proportionate basis' after excluding those units. The Department argued against that finding before the Tribunal; the assessee supported the CIT(A)'s order. The Tribunal found no infirmity in the CIT(A)'s reasoning, affirmed application of the precedent, confirmed allowance of deduction on a proportionate basis, and dismissed the department's appeal.