Question And Answer | |
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Subject: | Question on section 80IBA |
Category: | Income-Tax |
Querist: | Raghavendra M |
Answered by: | Research Team |
Tags: | 80IBA, housing project, Separate Books of account |
Date: | October 19, 2023 |
Dear Sir/Madam,
we have a question on applicability of section 80IBA. in case if assessee maintains cost center wise books of accounts for all the projects in a single accounting software. will it meet the requirement of separate books of accounts as mentioned in section 80IBA?
The Books of account is defined as per section 2 (12A) of the Act ,” books or books of account” includes ledgers, day-books, cash books, account-books and other books, whether kept 4in the written form or in electronic form or in digital form or as print-outs of data stored in such electronic form or in digital form or in a floppy, disc, tape or any other form of electro-magnetic data storage device;
From the Software if the assessee is able to prepare a separate books of account for the housing project the assessee will be satisfying the condition of Section 80IB (2)(j) of the Act . Refer , ACIT (E) v. Ahmedabad Urban Development Authority (2022) 449 ITR 1 / 329 CTR 297 / 219 DTR 209 / (2023) 291 Taxman 11 (SC)
. Where as similar specific condition was not there in the section 80IB(10)of the Act . When an assessee claims an exemption it is the duty of the assessee to comply all conditions prescribed in the section.