| The Tax Publishers2020 TaxPub(DT) 3921 (Pune-Trib) INCOME TAX ACT, 1961
Section 80-IA
Where AO himself had observed that assessee had fulfilled all the conditions in assessment year 2005-06 and allowed the deduction to the assessee in the said year and also in subsequent years and Department could not contravene the facts on record to show that the facts and circumstances for the relevant assessment year, i.e., assessment year 2012-13 were something different as compared to the facts for assessment year 2011-12, therefore, relief provided by CIT(A) to assessee allowing the claim of deduction under section 80-IA(4)(iii) was done correctly and was sustained.
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Deduction under section 80-IA - Eligibility for deduction under section 80-IA - No counter funding placed by department with regard to claim of deduction of assessee -
Assessee had claimed deduction under section 80-IA(4)(iii) for the first time in assessment year 2003-04 and had since claimed it for all the subsequent years. Claim of the assessee was rejected in first two years, i.e., 2003-04 and 2004-05. In the first year, assessee had lost the appeal and subsequent years, i.e., in assessment years 2005-06 to 2009-10, the claim of assessee was allowed. That in relevant year, assessee had submitted Form 10CCB and also submitted details of separate accounts being maintained for rental income pertaining to software park and business income in respect of development activity. AO observed that assessee in Form 10CCB had stated that construction was completed in phases in 2002, 2003, 2004 and 2005. Original proposed units were 30 and then revised to 105. Assessee was not entitled to deduction under section 80-IA(4)(iii) in the first year and this was confirmed thereafter in the two appellate stages. That on this premise, AO disallowed the deduction claimed by assessee under section 80-IA(4)(iii) for relevant assessment year. However, CIT(A) provided relief to assessee in relevant assessment year. Held: Despite the disallowance of deduction in assessment years 2003-04 and 2004-05, AO himself had observed that assessee had fulfilled all the conditions in assessment year 2005-06 and allowed the deduction to assessee in the said year and also in subsequent years. Department could not contravene the facts on record and also could not bring any material on record/evidences to show that the facts and circumstances for relevant assessment year, i.e., assessment year 2012-13 were something different as compared to facts for assessment year 2011-12 which is the preceding year. When facts and circumstances are absolutely identical, when there was no counter findings placed on record by the Department, relief provided by CIT(A) to assessee allowing the claim of deduction under section 80-IA(4)(iii) was done correctly and was sustained.
Followed:Marigold Premises (P) Ltd. v. Dy. CIT Central Circle 2 (3) & Another [Income Tax Appeal No. 484 of 2012, dt. 26-3-2013], Dy. CIT, Circle 14, Pune v. M/s. Marigold Premises (P) Ltd., [ITA No.1345/PUN/2016, dt. 27-4-2018], ACIT Central Circle-2 (2), Pune v. Marigold Premises (P) Ltd., [ITA No.536/PN/2012, dt. 26-11-2014] Dy. Commr. of Income Tax & Anr. v. Ganesh Housing Corpraton Ltd. (2012) 25 Taxmann.com 305 (SC)
REFERRED :
FAVOUR : In assessee's favour
A.Y. : 2012-13
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