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TMI Blog2014 (1) TMI 1430X X X X Extracts X X X X X X X X Extracts X X X X ..... [2011 (2) TMI 373 - BOMBAY HIGH COURT] – the claim of deduction u/s.801B(10) is allowable to the appellant - There was no reason to interfere with the order of the ld. CIT(A) - the project was approved as a housing project and the commercial area is even less than 5% - Decided against Revenue. - ITA No. 7669/Mum/2011 - - - Dated:- 14-8-2013 - Shri B. Ramakotaiah And Shri Amit Shukla,JJ. For the Petitioner : Shri Subodh Ratnaparkhi For the Respondent : Shri O. P. Singh ORDER Per B. Ramakotaiah, AM:- This is an appeal by revenue on the issue of eligibility for deduction u/s.8o IB(10)against the order of CIT(A) II, Thane. The revenue has raised two grounds which are as under :- "1. Whether on the facts and in the circums ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e has claimed a deduction u/s. 801B(10) of the l.T. Act, 1961 during the period under consideration. It was noticed during the course of assessment proceedings by the AO that the assessee had constructed shopping area consisting of 188.80 sq. mtrs. in its above referred housing project and the total area of these shops was more than the 2000 sq. feet which was in excess of the limit prescribed u/s.8OlB(10)(d) of the I.T. Act, 1961. In view of the above, the AO proceeded to conclude that the assessee is not eligible for deduction u/s. 801B(10) as claimed by him on the above project due to the fact that the project of the assessee consists of commercial area which is in excess of the limit prescribed u/s. 801B(10)(d) of the I.T. Act, 1961. AO ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... project by the Mira Bhayander Municipal Corporation during the Financial Year 2003-04. Therefore, the housing projects commencing construction before the introduction of the amended provisions, made effective from 1.4.2005, would be entitled for deduction u/s. 801B(10) even though it contained the commercial area. The above view is also supported by the decision of the Mumbai Tribunal in the case of Saroj Sales Organization Vs ITO, 3 DTR (Mum) 494. 4.9. In view of the facts stated above and the decision of the Hon'ble High Court of Bombay in the case of Brahma Associates others Vs CIT, in this case for the A.Y. 2006-07, in my considered opinion, the claim of deduction u/s.801B(10) is allowable to the appellant. Accordingly, the AO is d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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