Tax Appeal v. Unity Construction Co

C/TAXAP/1/2012 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD TAX APPEAL NO. 1 of 2012 ==========================================================INCOME TAX OFFICER, WARD-1VersusUNITY CONSTRUCTION CO ========================================================== Appearance:MR VARUN K PATEL for the PETITIONER(s) No. 1MR VIJAY S RANJAN for the RESPONDENT(s) No. 1 ========================================================== CORAM: HONOURABLE MR.JUSTICE AKIL KURESHIand HONOURABLE MR.JUSTICE B.N. KARIA Date : 05/03/2018 ORAL ORDER (PER : HONOURABLE MR.JUSTICE AKIL KURESHI) Revenue is in appeal against the judgment of the Income Tax Appellate Tribunal dated 28.7.2011. Two questions were framed. While issuing notice, we had terminated the first question concerning the allowability of deduction under section 80IB(10) of the Income Tax Act, 1961 in context of approval and completion certificate granted by the local authorities. The Revenue's objection was that such certificates were issued to the landowner and not the assessee. The sole surviving question pertained to assessee's claim of deduction under section 80IB(10) of the Act on sale of unused FSI. This Court has taken such an issue into consideration and given judgements depending on facts of the case. However in the present case, we notice that issue involves extremely small tax effect. Possible addition is not more than Rs. 1.39 lacs. Only on this ground therefore, tax appeal is disposed of and not entertained. (AKIL KURESHI, J.) raghu (B.N. KARIA, J.)