High Court for the State of Telangana · Judgments and reasoned final orders
M/s Modi Shelters Private Limited v. Deputy Commissioner of Income Tax, Circle-16(1), Hyderabad
Income Tax Tribunal Appeal No. 19 of 2021 ·
Allowability of housing project deduction under Section 80-IB(10) for AY 2012-13 following the Division Bench judgment in the assessee's own case (ITTA No. 167 of 2012 & batch dated 21.05.2025) and CIT v. Amaltas Associates (2016 SCC OnLine Guj 4685).
1. FACTS OF THE CASE
The assessee, a residential housing developer, filed ITTA No. 19 of 2021 under Section 260A challenging the order of the ITAT Hyderabad Bench 'A' dated 09.09.2020 in ITA No. 500/Hyd/2016 for AY 2012-13 disallowing its claim for deduction under Section 80-IB(10).
2. DISCUSSION BY THE COURT
The Division Bench noted that the identical question of law in the assessee's own case and sister concerns' cases for connected assessment years had already been answered in favour of the assessee by a coordinate Division Bench of the Telangana High Court in ITTA No. 167 of 2012 and batch decided on 21.05.2025, relying inter alia on the Gujarat High Court decision in CIT v. Amaltas Associates (2016 SCC OnLine Guj 4685). The Senior Standing Counsel for the Revenue did not dispute that the issue stood covered by the judgment dated 21.05.2025.
3. JUDICIAL DECISION
Allowing the assessee's appeal in terms of the Division Bench judgment dated 21.05.2025 in ITTA No. 167 of 2012 & batch, the High Court set aside the impugned ITAT order and answered the substantial questions of law in favour of the assessee.
4. OUTCOME
Assessee - Appeal allowed; entitlement to deduction under Section 80-IB(10) for AY 2012-13 upheld.
5. AKHB REVIEW POINT
Where a housing project's eligibility under Section 80-IB(10) has been upheld by the High Court for earlier assessment years of the same project, consistency mandates allowing the deduction for subsequent assessment years.
Source and verification
5-page official High Court for the State of Telangana judgment PDF (20260106_HBHC010072982021.pdf, 138,588 bytes).
Original PDF: 5 pages · SHA-256: a3feb2f3694783ac0c53fb251255afb2a02394c79660ce8824d95e294235d366
Supplied source-reviewed note retained; original bytes and identity validation checked in this release. Substantive re-review is not claimed for this record.
Applies Section 80-IB(10) of the Income-tax Act, 1961 for AY 2012-13. Income-tax Act, 2025 equivalence is not verified.
Full 5-page primary judgment PDF text read and verified page-by-page. Follows Telangana High Court Division Bench ruling in the assessee's own case in ITTA No. 167 of 2012 & batch decided on 21.05.2025.
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