2017 (3) TMI 1821 - HC - Income Tax

Court affirms deduction for construction project exceeding size limit, upholds benefit for sale of smaller residential units.

PR. Commissioner of Income-Tax, & Deputy Commissioner of Income-Tax Circle –5 (1) (2), Bangalore Versus M/s. Oceanus Dwellings Pvt. Ltd. & M/s. Parkway Development

The High Court upheld the Tribunal's decision allowing proportionate deduction under Section 80IB for a construction project, despite certain flats ... Proportionate deduction u/s.80IB - profits attributable to the units where the built-up area is below 1500 sq.ft. even when no such apportionment is prescribed under the provisions of the Act - Whether Tribunal was justified in law in holding that the assessee is entitled to claim deduction under section 80IB in respect of profits derived from the sale of residential units, wherein the built up area is below 1500 sq.ft. ? - HELD THAT:- Revenue is unable to dispute that the Tribunal in the impugned order has relied upon its earlier decision in the case of M/s. S J R Enterprises [2009 (8) TMI 953 - BANGALORE TRIBUNAL COURT] which has been not interfered with by this Court in the above referred [2012 (3) TMI 615 - KARNATAKA HIGH COURT], the present appeals are squarely covered by the decision of this Court - No substantial questions would continue to remain, but even if the questions are to be examined, they would stand answered against the revenue and in favour of the assessee Issues:1. Interpretation of Section 80IB for deduction in construction projects.2. Applicability of proportionate deduction under Section 80IB.Issue 1: Interpretation of Section 80IB for deduction in construction projects:The High Court addressed the first substantial question of law raised by the revenue, which questioned the Tribunal's decision to uphold the Commissioner of Income Tax (Appeals) order directing the assessing authority to allow proportionate deduction under Section 80IB. The Court referred to a previous decision involving a construction and real estate business, where the Tribunal had allowed proportionate benefit of exemption under Section 80IB(10) of the Income Tax Act. The Assessing Authority had denied the benefit based on the size of certain flats exceeding the 1500 sq.ft. limit. The Court noted that the Tribunal had remitted the matter back to the Assessing Authority for fresh consideration. The revenue contended that any violation of the 1500 sq.ft. limit should disqualify the assessee from the exemption. However, the assessee argued that the balcony area was not included in the built-up area calculation before a certain date. The Court found that the Tribunal's decision was based on a correct interpretation of the legal position, and the assessee was entitled to the benefit under Section 80IB(10) despite certain flats exceeding the limit.Issue 2: Applicability of proportionate deduction under Section 80IB:The second substantial question of law involved the Tribunal's decision on the entitlement of the assessee to claim deduction under Section 80IB for profits from the sale of residential units below 1500 sq.ft. The revenue argued that any violation of the 1500 sq.ft. limit should disqualify the assessee from the exemption. However, the assessee contended that the mezzanine floors and flats were registered under separate sale deeds, each not exceeding 1500 sq.ft. The Court noted that the Tribunal had held the assessee entitled to proportionate benefit and remitted the matter to the Assessing Authority for fresh consideration. The Court found no error in the Tribunal's decision, as the assessee was entitled to the benefit under Section 80IB(10) based on the correct interpretation of the legal position.In conclusion, the High Court dismissed the appeals, stating that they were covered by a previous decision and that even if the questions were examined, they would be answered against the revenue and in favor of the assessee. The Court directed the Assessing Authority to consider the statutory provisions and the Court's interpretation before passing appropriate orders in accordance with the law to meet the ends of justice.