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Documents citing Om Sawmi Smaran Developers P. Ltd, ... vs Ito 8(2)(4), Mumbai on 31 January, 2018

Ito Wd 2(3), Mumbai vs Reliance Enterprises, Mumbai on 12 July, 2019

In fact, in case of Om Swamy Smaran Developers Pvt. Ltd. (supra), the Co-ordinate Bench following the decision of the Hon'ble Jurisdictional High Court in CIT v/s Brahma Associates, [2011] 833 ITR 289 (Bom.) has held that deduction claimed under section 80IB(10) of the Act can be disallowed on pro- rata basis by restricting it to the residential units which have violated the condition of section 80IB(10) of the Act. In any case of the matter, in assessee's own case for the assessment year 2013-14 and 2014- 15, the Tribunal has allowed assessee's claim of deduction on pro-rata basis under identical facts and circumstances. In view of the aforesaid, we are inclined to uphold the decision of the learned Commissioner (Appeals) on the issue. Moreover, as rightly held by the learned 11 Reliance Enterprises Commissioner (Appeals), the violation having been made in financial year 2012-13, the pro-rata disallowance has to be made in A.Y. 2013-14 and not in the impugned assessment year. Grounds raised are dismissed.
Income Tax Appellate Tribunal - Mumbai Cites 10 - Cited by 0 - Full Document
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