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TMI Blog2014 (6) TMI 177X X X X Extracts X X X X X X X X Extracts X X X X ..... rom which date clause (d) stands inserted to section 80-IB(10) –thus, the amendment would have no bearing on the allowability of the deduction under the provision for the phases of the housing project - a perusal of the details of the deduction u/s.80-IB(10) for the current year reveals a claim in the negative sum for the Phase, so that no positive deduction stands claimed for the current year – Decided against Revenue. - I.T.A. No. 5634/Mum/2012 - - - Dated:- 19-5-2014 - Shri Sanjay Arora, AM And Shri Amit Shukla, JM,JJ. For the Appellant : Shri Maurya Pratap For the Respondent : Shri Vimal Punmiya ORDER Per Sanjay Arora, A. M.: This is an Appeal by the Revenue directed against the Order by the Commission ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he same stand agitated separately by the Revenue per its grounds, as under: 1. On the facts of the case and in law, the ld. CIT(A) erred in deleting an addition of Rs.40,35,261/- made on account of denial of assessee s claim of deduction u/s.80IB(10) without appreciating the findings of the A.O. regarding violation of eligibility conditions prescribed for claim of deduction u/s.80IB(10) of the Act. 2. The ld. CIT(A) erred in directing the A.O. to allow deduction u/s.80IB(10) even though the commercial area exceeds 5% of the total built up area relying on the decision of Brahma Associates vs. Joint Commissioner of Income Tax [2009] 122 TTJ (Pune)(SB) 433 which has not been accepted by the department. 3. On the facts of the case and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ability of the deduction under the provision for the said phases of the housing project under reference, which as it appears are reckoned as separate housing projects for the purpose of s. 80-IB(10). This is also the basis on which relief stands allowed by the tribunal to the assessee for the earlier year, i.e., A.Y. 2006-07. Respectfully following the decision by the hon ble high court, we admit and accept the assessee s case for the current year as well, allowing ground no. 2. 3.3 The second aspect, raised by the Revenue per its ground no. 3, is in respect of the construction of residential units exceeding 1000 sq. ft., so that the qualifying condition of section 80-IB(10)(c) stands not met. Toward this, no specific argument was raised ..... X X X X Extracts X X X X X X X X Extracts X X X X
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