Case Law Details
Vishal Constructions Vs. ITO (ITAT Pune)
We note that in the present appeal the assessee claimed deduction Rs.18,80,000/- u/s. 80IB(10) of the Act. The AO held that the assessee has violated the provisions of section 80IB(10) of the Act as built up area of shops and commercial establishments exceeded 5000 sq. ft. For such violation the AO denied the deduction of Rs.18,80,000/- vide its order dated 27-12-2016. The CIT(A) confirmed the order of AO.
As noted above, the assessee sought pro-rata deduction in respect of shops and commercial establishments in ground No. 6. This Tribunal in assessee’s own case for A.Y. 2013-14 observed that the respondent revenue granting the deduction consistently on pro-rata basis from A.Y. 2009-10 onwards up to 2012-13 but, however, without there being any change in the facts relating to deduction u/s. 80IB(10), the respondent revenue denied the said deduction for A.Y. 2013-14. This Tribunal on the rule of consistency by placing reliance in the decision of Hon’ble High Court of Bombay in the case of Commissioner of Income Tax Vs. Paul Brothers reported in 216 ITR 548 held that the assessee is entitled to claim pro-rata deduction in respect of shops and commercial establishments having no change in the facts of the case. Therefore, the view taken by the Tribunal in A.Y. 2013-14 in ITA No. 831/PUN/2017 is applicable to the issue on hand and we hold that the assessee is entitled to claim pro-rata deduction on shops and commercial establishments for A.Y. 2014-15.
FULL TEXT OF THE ITAT JUDGEMENT
This appeal by the assessee against the order dated 20-07-2017 passed by the Commissioner of Income Tax (Appeals)-2, Aurangabad [„CIT(A)‟] for assessment year 2014-15.
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