Tribunal affirms assessee's eligibility for deduction under section 80IB(10)

The ITO- 24 (3) -2, Versus M/s. Neeta Enterprises, Mumbai

The ITO- 24 (3) -2, Versus M/s. Neeta Enterprises, Mumbai - TMI Issues Involved:

1. Eligibility for deduction under section 80IB(10) of the Income Tax Act.
2. Determination of the commencement date of the housing project.
3. Consideration of previous approvals and expenditures by the earlier developer.

Detailed Analysis:

Issue 1: Eligibility for Deduction under Section 80IB(10) of the Income Tax Act

The primary issue revolves around whether the assessee is eligible for deduction under section 80IB(10) of the Income Tax Act. The Assessing Officer (AO) disallowed the deduction on the grounds that the project commenced before the statutory date of 1st October 1998. The assessee contended that the project was started after entering into a Development Agreement on 10th July 2003, thus fulfilling the conditions laid down in section 80IB(10).

Issue 2: Determination of the Commencement Date of the Housing Project

The AO argued that the project began with the original approval obtained by M/s. Gas Property Developers on 28th November 1992, which was revalidated until 27th November 2003. However, the assessee argued that the original approval had lapsed, and a new layout plan was approved in 2003, which involved constructing seven buildings instead of the two initially planned. The CIT(A) found that the development and construction activity started only after the new approval in 2003, thus meeting the statutory requirement of commencing after 1st October 1998.

Issue 3: Consideration of Previous Approvals and Expenditures by the Earlier Developer

The AO noted that M/s. Gas Property Developers had incurred significant expenses on the project before the statutory date, which suggested that the project commenced earlier. However, the CIT(A) and the Tribunal found that these expenses were minor and related to the repair of the boundary wall, not the actual development or construction of the housing project. The Tribunal emphasized that the project should be considered based on the new approval obtained by the assessee and the actual commencement of construction activities.

Conclusion:

The Tribunal upheld the CIT(A)'s decision, stating that the project developed by the assessee was distinct from the earlier project approved in 1992. The Tribunal concluded that the development and construction activities commenced only after the new approval in 2003, making the assessee eligible for the deduction under section 80IB(10). The appeals filed by the Revenue were dismissed, affirming that the assessee fulfilled all conditions for the deduction.

Order Pronounced:

Order pronounced in the open court on 04/06/2014.