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TMI Blog2019 (1) TMI 465X X X X Extracts X X X X X X X X Extracts X X X X ..... t of which 26 units exceeds the built up area of 1000 ft². Therefore the learned assessing officer was of the view that assessee is not eligible for deduction u/s 80 IB of the income tax act. Hence, disallowance of INR 19887408 was made. CIT(A) allowed the claim of the assessee following the decision of the coordinate bench in assessee”s own case for assessment year 2009 – 10, which has also been upheld by the Hon”ble Delhi High Court in [2015 (7) TMI 1302 - DELHI HIGH COURT] as held that the provision is capable of being construed in a manner that is beneficial to the assessee by allowing the deduction on “pro rata” basis to the number of residential units that have complied with the requirement of section 80 IB of the maximum built up are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pecified area of the residential units. He held that only 72 out of 122 residential units in one project and 128 out of 154 residential units in another projects satisfy that condition. Therefore, he disallowed the entire deduction of INR 19887408/- under section 80 IB (10) of the act and determined the total income of the assessee at INR 31889808/ by making an order u/s 143 (3) of the act on 31/3/2014. 3. The assessee aggrieved with the order of the learned assessing officer preferred an appeal before The Principal Commissioner Of Income Tax (Appeals) who vide order dated 8/6/2016 allowed the claim of the assessee following the order in case of the assessee by the coordinate bench for assessment year 2009 10. Therefore, revenue aggri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the coordinate bench in assessee s own case for assessment year 2009 10, which has also been upheld by the Hon ble Delhi High Court in ITA number 478/2015 dated 29/07/2015. The Hon ble High Court has held that the provision is capable of being construed in a manner that is beneficial to the assessee by allowing the deduction on pro rata basis to the number of residential units that have complied with the requirement of section 80 IB of the maximum built up area. In view of this, we do not find any infirmity in the order of the learned CIT(A) and direct the learned assessing officer to allow the claim of the assessee on pro rata basis as directed by the Hon ble Delhi High Court in assessee s own case for earlier years. Accordingly, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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