9911796707
TMI Blog2020 (10) TMI 29X X X X Extracts X X X X X X X X Extracts X X X X ..... on - HELD THAT:- Commissioner of Income Tax (Appeals) in his order discussed the issue taking the reference to the decision of this Tribunal in the case of M/s. D.S.Kulkarni Developers Ltd. [ 2014 (7) TMI 1166 - ITAT PUNE ] wherein we note that in the claim of the assessee therein, on proportionate basis was allowed relating to eligible units. Therefore, in the light of discussion made by us herei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the facts and circumstances of the case. 3. Heard both parties and perused the material available on record. Assessee is a partnership firm engaged in the business of developing housing projects. We note that during the year under consideration assessee had developed housing project by name Marvilla at Hadapsar. The assessee claimed an amount of ₹ 11,36,15,109/- as deduction u/s 80IB(10) of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in construction of Bunglow / Row Houses exceeding 1500 sq.ft. Thereby, he disallowed ₹ 11,36,15,409/- and added to the total income of the assessee. 4. We note that before learned Commissioner of Income Tax (Appeals) also, assessee raised an alternative plea in granting deduction under Sec.80IB(10) of the Act relating to eligible units and placed reliance on the orders of this Tribunal in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 80IB(10) for eligible units has been considered by the jurisdictional ITAT, Pune in case of Ramsukh Properties (supra) and M/s D.S. Kulkarni Developers Ltd (supra) and IT AT, Nagpur in case of AIR Developers(supra) and allowed such pro-rata deduction. The ITAT, Mumbai in case of Mudhit Madanlal Gupta vs. CIT reported in 9 taxmann.com 235 has held (hat in depend residential unit had to be treated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... therein, on proportionate basis was allowed relating to eligible units. Therefore, in the light of discussion made by us hereinabove and in view of the findings recorded by the learned Commissioner of Income Tax (Appeals), we are of the view that there is no infirmity in the order of learned Commissioner of Income Tax (Appeals) and it is justified. Thus, the only ground raised by the Revenue is di ..... X X X X Extracts X X X X X X X X Extracts X X X X
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