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2012 (8) TMI 1154

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..... against the order of the CIT(A) on the point of claim of deduction u/s.80IB(10). The CIT(A), following decision for A.Y. 2007-08 in assessee s own case has allowed the appeal in favour of the assessee. Same has been opposed before us. The Ld. Authorised Representative pointed out that the issue at hand in A.Y. 2007-08, which has been followed by CIT(A) has been confirmed by the Tribunal by observi .....

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..... me limit for obtaining approval of housing projects for the purpose of tax holiday under section 80-IB and allowing deduction for re-development or reconstruction of existing building in slum areas. This section does not specifically provide area limit for the garden, the development plan roads, internal means of access, etc., in the housing project. Therefore, the same should conform to the .....

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..... knowledge by Revenue. The facts being similar, following same reasoning, we are not inclined to interfere with the finding of the CIT(A) who has allowed the deduction u/s.80IB(10) based on the area of plot as per 7/12 extract being 450 sq. mt. which is more than minimum stipulated area of 1 acre (4047 sq.mt.). Same is upheld. 3. In the result, the appeal filed by the Revenue is dismissed. P .....

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