9911796707
TMI Blog2012 (6) TMI 859X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 9-5-2011, passed by the CIT(A)-33, Mumbai for the quantum of assessment passed under Section 143(3) for the assessment year 2009-2010 on the following grounds of appeal :- On the facts and circumstances of the case and in law, the Ld.CIT(A) erred in allowing the claim of deduction u/s 80IB (10) of the I.T. Act, 1961. Made by the assessee even though the Assessing Officer rejected the cl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sue is covered against the department by the decision of ITAT passed in ITA No.4911 4912/Mum/2010, vide order dated 31-10-2011 in assessee s own case. We have carefully considered the rival submissions and the order passed by the CIT (A), assessment order and the order of the Tribunal for the earlier years. We found that this issue stands squarely covered by the decision of Tribunal wherein afte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of the scheme of SRA, as notified or not, does not arise. Accordingly, we do not find any merit in the objection raised by the ld DR. 5.1 As regards the objection regarding the commercial establishment is concerned, as per remand report, the Assessing Officer has accepted the fact that the project was approved vide agreement dt 11.5.2004; therefore, the pre-amendment of provision of sec. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... B once the residential project has been approved by the local authorities. 5.2 As regard the last contention of the revenue is that the assessee is not a builder and the income received by sale of TDR and not by sale of housing project is concerned, we find that there is no dispute about the fact that the assessee received the TDR as a consideration against the development of the project in q ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion in the value in the sale consideration. In view of the above facts and circumstances of the case, we do not find any reason to interfere with the order of the ld CIT(A) for both the AYs. 6 In the result, the appeals filed by the revenue are dismissed. 3. Thus, respectfully following the aforesaid decision of the ITAT for the earlier years in the case of the assessee, we find no merit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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