Cessna Garden Developers (P.) Ltd. v. ACIT (2020) 184 ITD 814 (Bang.)(Trib.)

S. 154 : Rectification of mistake-Development of Special Economic Zone-Lease rent income offered under the head income from house property. [S. 22, 80IAB]

The assessee has offered Lease rent from developed space in SEZ was offered for taxation by assessee under head Income from house property and deduction under section 80IAB was claimed which was allowed accordingly. The AO passed the rectification order with drawing the deduction  on ground that  deduction can be claimed only with reference to business income and in absence of any business income from SEZ offered in return, assessee had wrongly claimed deduction under section 8OIAB.  Tribunal held that  CBDT vide Circular No. 16/2017, dated 25-4-2017 has directed officers to allow eligible deduction to taxpayers in respect of lease rent from let out buildings/developed space in an industrial park/SEZ and to treat such lease rent as business income. Accordingly benefit of deduction available under section 80-IAB in respect of lease rent from developed space in SEZ could not have been denied to assessee. (AY. 2011-12, 2014-15)