The DCIT, Circle-3, Pune vs. Shri Shamkant Keshav Kotkar

Parties Involved

Facts Summary

This appeal arises against the order of the Commissioner of Income Tax (Appeals) for the assessment year 2009-2010. The Revenue appeals against the order of the Commissioner of Income Tax (Appeals) which allowed the assessee's deduction claim under section 80IB(10) of the Income Tax Act, 1961. The assessee claimed a deduction for the sale of parking spaces in a housing project. The Revenue argues that the parking space cannot be considered part of the housing project for the purpose of claiming the deduction under section 80IB(10). The assessee contends that the parking space is an integral part of the housing project and thus eligible for the deduction.…

Legal Issues

• 1. Whether the parking space constitutes a part of the housing project eligible for deduction under section 80IB(10)?
• 2. Whether the area of the parking space should be included in the built-up area of the residential unit?

Judgment Outcome

Decided in favour of Revenue.

Precedents Relied Upon

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