Delhi High Court - Orders
Pr. Commissioner Of Income Tax-20 vs Shipra Estate Ltd. & Jai Krishan Estate ... on 18 February, 2019
Author: S. Ravindra Bhat
Bench: S. Ravindra Bhat, Prateek Jalan
$~44 & 45
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ITA 1412/2018 & CM APPL.51618/2018
+ ITA 1414/2018 & CM APPL.51669/2018
PR. COMMISSIONER OF INCOME TAX-20 ..... Appellant
Through: Mr.Zoheb Hossain, Sr.Std.Counsel
versus
SHIPRA ESTATE LTD. & JAI KRISHAN
ESTATE DEVELOPERS P. LTD. ..... Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 18.02.2019
Admit.
Following question of law arises for consideration: "(i) Whether the ITAT was correct in partly allowing the deduction under Section 80IB (10) and whether the project as a whole did not satisfy the conditions in Section 80IB (10) of the Act?
(ii) Whether the ITAT was correct in directing the Assessing Officer to exclude the area of balcony which was open to the sky while calculating built up area of a flat which is contrary to the definition of built up area given in the section 80IB?"
Issue notice of the appeal, returnable for 3rd July, 2019.
S. RAVINDRA BHAT, J PRATEEK JALAN, J FEBRUARY 18, 2019 „hkaur‟