Commissioner Of Income Taxchennai v. M/S.ramaniyam Homes Pvt. Ltd

In the High Court of Judicature at Madras Coram The Honourable Mr.JUSTICE R.SUDHAKARandThe Honourable Mr.JUSTICE R.KARUPPIAH Tax Case (Appeal) Nos.769 & 770 of 2013 Commissioner of Income TaxChennai. Vs. M/s.Ramaniyam Homes Pvt. Ltd.,21, II Main Road,Gandhi Nagar, Adyar,Chennai - 600 020. .... Respondent in both T.C.(A)s APPEALs under Section 260-A of the Income Tax Act against theorder dated 18.04.2013 made in I.T.A.Nos.2033&2034/Mds/2012 on thefile of the Income Tax Appellate Tribunal, 'D' Bench for theassessment years 2008-09 and 2009-2010 and against the order dated31.08.2012 made in CIT(A) V/ITA Nos.331 &334/2010-11/2011-12 on thefile of the Commissioner of Income Tax (Appeals)-II, Chennai-34 PANAABCR5878D for the Assessment years 2008-2009 &2009-2010. For Appellant : Mr.T.R.Senthil Kumar Standing Counsel for Income Tax For Respondent : S.Sridhar--------- The above Tax Case (Appeals) filed by the Revenue as against theorder of the Income Tax Appellate Tribunal were admitted by thisCourt on the following substantial questions of law:"1. Whether on facts and circumstances of the case,the Triubunal was right in holding that the assessee is nota 'works contractor' and is therefore not covered by theexplanation under Section 80IB(10)/2. Whether on the facts and circumstances of the https://hcservices.ecourts.gov.in/hcservices/ case, the Tribunal was right in allowing the benefit ofclaim under Section 80IB(10) when the assessee is not adeveloper but only a builder, when the eligibility todeduction under Section 80IB(10) is conferred fordeveloping and building housing projects?" 2. The assessment in the above cases relate to the assessmentyears 2008-09 and 2009-2010. 3. The issue involved in the above Tax Case (Appeals) thatwhether the assessee is entitled for deduction under Section 80IB(10)of the Income Tax Act has already been decided by this Court in T.C.(A)Nos.581 & 582 of 2011 and 314 & 315 of 2012 dated 01.11.2012 infavour of the assessee and against the Revenue holding that for thepurpose of considering the deduction, it is not necessary that theassessee, engaged in developing and construction of housing project,should be the owner of the property. 4. Hence, following the above-said decision of this Court, theabove Tax Case (Appeals) are dismissed and the order of the Tribunalstands confirmed. No costs. -s/d- Assistant Registrar(CSIII)Dated 03/12/2014 True Copy sl Sub-Assistant Registrar To 1. The Income Tax Appellate Tribunal, "D" Bench, Chennai. 2. The Commissioner of Income Tax (Appeals)-V, Chennai - 34.3. The Assistant Commissioner of Income Tax, Company Circle - V(1), Chennai. +1 cc to Mr.T.R.SenthilKumar Advocate sr.54597 +1 cc to Mr.S.Sridhar advocate sr.54431 T.C.(A) Nos.769 & 770 of 2013 kkl(co)aa05/12/2014