PCIT (C) v. Punit Chettiar alias Punit Balan (2023) 457 ITR 32 / 294 Taxman 567 / (2024) 337 CTR 753(Bom.)(HC)

S. 80IA : Industrial undertakings-Infrastructure development-Survey-Incumbent on part of Assessing Officer to grant deduction once the Central Government has granted approval. [S. 80IA(4)(iii), 133A, 153A]

The Assessing Officer disallowed claim of deduction under section 80-IA(4)(iii), on basis of letter from Under Secretary, Ministry of Commerce and Industry, which stated that on basis of State Government’s Report, building in which Industrial Park was being developed by assessee’s proprietary concern did not belong to an individual but belonged to a partnership firm and assessee had admitted to aforesaid fact in Statement recorded during survey action under section 133AA  of the Act.  However, prior to  survey the, assessee had applied for a review of rejection to Empowered Committee and Empowered Committee had reconsidered its earlier rejection and granted approval.  Assessee had also clarified issue regarding development of Industrial Park by an individual and not by partnership firm, which was also evident from approval granted by Ministry of Commerce and Industry. Tribunal allowed the claim of the assessee. On appeal the Court held that once Central Government granted approval, it was incumbent on part of Assessing Officer to grant claim of deduction. Order of Tribunal is affirmed.  (AY. 2009-10,  2010-11)