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TMI Blog2018 (6) TMI 615X X X X Extracts X X X X X X X X Extracts X X X X ..... and in law, for the purpose of deduction u/s 80IB(10) of the I.T. Act, 1961, the date of commencement of development and construction of the Housing Project was the date of the IOD or Commencement Certificate issued by the Municipal Authority ? (ii) Whether on the facts and in the circumstances of the case and in law, the Tribunal was right in holding that the housing project which also had certain units exceeding the prescribed ceiling on the built up area, the profits from the other units can be worked out separately and allowed deduction u/s 80IB(10), subject to fulfilling other conditions prescribed under the said section ? (iii) Whether on the facts and in the circumstances of the case and in law, the Tribunal was right in treatin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... same Respondent being CIT v/s. Smt. Manju R. Gupta (Income Tax Appeal No.173 of 2013) dismissed on 24th December, 2014. (b) However, on the last date i.e. 4th June, 2018, on perusing the orders of the authorities under the Act, we found that there is no mention of any disallowance being made under Section 80IB of the Act in view of the area of some of the flats being in excess of 1000 sq.ft. Thus, Mr. Kotangle, learned Counsel for the Revenue took time to take instructions. (c) Today, even after taking instructions, he is not able to show us from the orders passed by the authorities under the Act that any disallowance under Section 80IB of the Act was attributable to the flat being in excess of 1000 sq. ft. This indicates the most casual ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of rent. Therefore, by order dated 11th March, 2013 the CIT(A) allowed the respondent assessee's appeal. (c) Being aggrieved with the order dated 11th March, 2013, the Revenue preferred an appeal to the Tribunal. By the impugned order dated 26th March, 2015, the Tribunal upheld the findings of the CIT(A). On facts, it was found that the amenities agreement obliged the respondent to provide to the lessee bank services / amenities of a nature which would be provided by any owner of the building who lets it for rent as an inherent part of renting. (d) Mr. Kontangle learned Counsel appearing for the Revenue in support of the appeal submits that letting out the amenities would be taxable under the head Income from other sources under Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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