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TMI Blog2016 (1) TMI 502X X X X Extracts X X X X X X X X Extracts X X X X ..... at the language used in the relevant provision of law does not bar a deduction claim altogether if some of the units sold exceed the specified dimensions. - Decided in favour of the assessee - Tax Case Appeal No.1172 of 2015 - - - Dated:- 7-12-2015 - MR. M.JAICHANDREN AND MRS. S.VIMALA, JJ For the Petitioner : Mr. J. Narayanasamy ORDER M. JAICHANDREN, J This Tax Case Appeal has been filed against the order of the Income Tax Appellate Tribunal A Bench, Chennai, dated 27.2.2015, in ITA No.2902/Mds/2014. 2. The brief facts of the case, necessary for the disposal of the appeal, are as follows: 2.1) The assessing officer, while completing the assessment of the assessee, for the assessment period 2010-2011, had foun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing 1500 square feet. The Tribunal had held that the assessee would be entitled for deduction, under Section 80IB(10) of the Act, in respect of the other flats, which were less than 1500 square feet in extent. 2.4) Aggrieved by the said order of the Income Tax Appellate Tribunal, the appellant has filed the present appeal before this Court under Section 260A of the Act, raising the following substantial question of law: Whether on the facts and in the circumstances of the case the tribunal was right in holding that the assessee will be entitled for deduction u/s 80IB(10) with respect to income from flats measuring less than 1500 sq ft limit and assessee will not entitled for deduction u/s 80IB(10) proportionately only with respect t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... come Tax Appellate Tribunal, `A' Bench, Chennai, dated 27.2.2015, is right in law, as it is in consonance with the findings of this court, in CIT Vs. Arun Excello Foundations (P) Ltd, (2013) 212 Taxman 342 (Mad), wherein, it has been held that the language used in the relevant provision of law does not bar a deduction claim altogether if some of the units sold exceed the specified dimensions. 7. In view of the submissions made by the learned counsels appearing on behalf of the appellant, as well as the respondent and in view of the decisions rendered by this court, in CIT Vs. Arun Excello Foundations (P) Ltd, (2013) 212 Taxman 342 (Mad), we find that the order passed by the Tribunal, dated 27.2.2015, is correct in the eye of law. Hen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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