ACIT v. Vijay Tukaram Raundal (2022) 219 TTJ 641 /218 DTR 129 / (2023) 147 taxmann.com 53 (Pune)(Trib)

S. 115JC : Special provisions for payment of tax by certain persons other than a company-Housing project-Does not excludes its application in respect of housing projects approved under section 80IB(1) prior to its insertion-Appeal was dismissed.[S.80IB(1), 800IB(10)]

Assessee builder and developer developed a housing project. Assessee computed its income under regular provisions and also adjusted total income under section 115JC.Since latter was higher than former, assessee declared adjusted income. The Assessing Officer disallowed the claim. CIT(A) allowed the claim. On appeal the Tribunal held that the Assessee had  wrongly applied section 115JC because housing project commended in an earlier year. On appeal the Tribunal held that section 115JC does not excludes its application in respect of housing projects approved under section 80IB(1) prior to its insertion.  (AY. 2013-14)