Sponsored
    Follow Us:

Case Law Details

Case Name : ITO Vs Ms. Skyline Developers (ITAT Pune)
Appeal Number : ITA No. 1503/PUN/2014
Date of Judgement/Order : 10/01/2018
Related Assessment Year : 2009-10
Become a Premium member to Download. If you are already a Premium member, Login here to access.
Sponsored

ITO Vs Ms. Skyline Developers (ITAT Pune)

Conclusion: Assessee who had contributed land and  engaged in the development of housing project with developer for development of the land was eligible for claiming deduction under section 80-IB(10) as both owner as well as developer were eligible for deduction under section 80-IB(10).

Held: Assessee was a builder and developer. It entered into joint venture agreement with B Builders for developing the land held by assessee. Assessee received his share of profit from the joint venture and claimed deduction of the entire income u/s. 80IB(10). AO declined the benefit of deduction to the assessee on the premise that deduction u/s. 80IB(10) was available only to an undertaking engaged in developing and building house project subject to fulfillment of conditions laid down in sub-section (10) of section 80IB. Assessee had only provided land and the constructions activities were taken care of by B Builders. Since, the assessee was not builder and developer, therefore, assessee was not eligible to claim deduction u/s. 80IB(10). It was held assessee was not merely contributor of the land but was engaged in the development of housing project. Also, it was a well settled law that owner of the land as well as developer of the land both were eligible for claiming deduction under section 80-IB(10) in respect of housing project where the owner contributes the land and the other party develops the housing project. Assessee had also contributed towards the development of housing project and apart from that, assessee was purportedly instrumental in removing of encumbrances from land and marketing of flats. Thus, assessee was also eligible for claiming deduction under section 80-IB(10).

FULL TEXT OF THE ITAT JUDGEMENT

This appeal by the Revenue is directed against the order of Commissioner of Income Tax (Appeals)-II, Pune dated 31-03-2014 for the assessment year 2009-10.

Please become a Premium member. If you are already a Premium member, login here to access the full content.

Sponsored

Join Taxguru’s Network for Latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.

One Comment

Leave a Comment

Your email address will not be published. Required fields are marked *

Sponsored
Sponsored
Search Post by Date
July 2024
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
293031