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TMI Blog2020 (4) TMI 647X X X X Extracts X X X X X X X X Extracts X X X X ..... he terms and conditions in his permission letter from 1 to 33 where the conditions specify the manner of construction of the building, post-construction of the building, obtaining of the completion certificate etc. Considering the above finding of the CIT(A) on the issue of allowing of deduction u/s 80IB(10) we are of the opinion that the order of the CIT(A) is fair and reasonable and it does not call for any interference. Thus, the ground raised by the Revenue is dismissed. - ITA No.2290/PUN/2017 - - - Dated:- 11-2-2020 - Shri D. Karunakara Rao, AM And Shri Laliet Kumar, JM For the Assessee : Shri Vipin Gujarathi For the Revenue : Shri Pankaj Garg ORDER PER D. KARUNAKARA RAO, AM: This appeal filed by the Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r.CIT vs. M/s. Swapnashilpa Developers vide ITA No.25 and 26 of 2016, granted the deduction claimed u/s 80IB(10) of the Act. The contents of para 5.18 and 5.19 of the said order of CIT(A) are relevant in this regard. 5. Aggrieved with the said decision of the CIT(A), the Revenue is in appeal before us with the ground extracted above. 6. Before us, ld. DR for the Revenue relied heavily on the order of the Assessing Officer and submitted that the order of the CIT(A) is incorrect and the same should be reversed. 7. On the other hand, ld. Counsel for the assessee reiterated the submission as made before the CIT(A). Justifying the order of the CIT(A) is reasoned one on this issue, ld. Counsel for the assessee submitted that the Asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e provision of Section 80IB(10). 5.19 In view of the discussions in the preceding paragraphs, the Collector is held as a Local Authority within the meaning of Section 80IB(10) of the I.T. Act, 1961. The Appellant succeeds in this Ground of Appeal, which is accordingly allowed. 9. Further, we examined the letter of approval by the District Collector and the relevant extracts are found necessary to incorporate the same in the order as under :- Office of the Collector, Pune. Revenue Branch. No.:PMH/NA/SR/291/08. Pune-1, Date:10/12/2008. ............ Hence the applicants have prayed that, considering recommendations made by the Assistant Director of Town Planning, Pune; I, the Collector, Pune; in pursua ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egional Town Planning Act (MRTP), 1966. The Collector has given approval of the permission to convert the land to non-agricultural purpose. He also issued the permission to construct of residential houses and the said property located at above cited Gat Numbers. While granting the permission, the Collector mentioned the terms and conditions in his permission letter from 1 to 33 where the conditions specify the manner of construction of the building, post-construction of the building, obtaining of the completion certificate etc. 11. Considering the above finding of the CIT(A) on the issue of allowing of deduction u/s 80IB(10) of the Act, we are of the opinion that the order of the CIT(A) is fair and reasonable and it does not call fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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