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TMI Blog2020 (12) TMI 88X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 residential units in the entire housing project might affect the condition about the size of the plot which is required to have a minimum area of 1 Acre deserves no acceptance. Even if the area proportionate to the 5 residential units is excluded, the size of the plot which admeasures 28,014 sq. meters. i.e. almost about 7 Acres or thereabouts, will, in no manner, stand reduced to below 1 Acre. Therefore, this could not have been a ground to deny pro-rata deduction as was granted by the Commissioner (Appeals) in his Order dated 26.08.2015. Pro-rata deductions can be granted under Section 80IB(10) - The impugned Order made by the ITAT is set aside to the extent it denies the benefit of pro-rata deductions to the assessee. - TAX APPE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Commissioner (Appeals) was partly allowed by order dated 26.08.2015. The Commissioner (Appeals) held that the assessee was entitled to pro-rata deductions under Section 80IB(10) of the said Act. The Revenue appealed to the Income Tax Appellate Tribunal (ITAT) against the Commissioner (Appeals') order dated 26.08.2015. The assessee also filed crossobjections urging that deductions in respect of all the 352 residential units ought to have been granted. 6. The ITAT, by the impugned order dated 20.01.2016 has set aside the Commissioner (Appeals') order dated 26.08.2015 and restored the AO's order dated 31.03.2014. Hence the present appeal by the assessee on the aforesaid substantial questions of law. 7. Mr. Pangam, the learn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , even though, the legal position is in favour of the assessee. He, however, submits that such not pressing ought not to come in the way of the assessee in raising such contention in any collateral proceedings i.e. proceedings for penalty, etc. 10. Ms. Linhares, the learned counsel for the Revenue defends the impugned order of the ITAT based on the reasoning reflected therein. She submits that the provisions of Section 80IB(10) of the said Act do not contemplate grant of any pro-rata deductions. She also submits that the provisions of Section 80IB(10)(e) of the said Act being procedural can be given retroactive effect and she relies upon the explanatory note of the Finance (2) Act, 2009 by which such provision was introduced in the said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... grounds to the aforesaid effect were raised by the assessee as ground Nos. (M), (N) and (O). However, such a question was not framed at the time of admission of this appeal. Such a question undoubtedly arises in this matter and therefore, taking into consideration the provisions in Section 260A(4) read with the provisions in Section 260A(7) of the said Act, we frame the aforesaid additional substantial question of law which is involved in this appeal. 15. This appeal was taken up along with connected Tax Appeal Nos.4 to 8 of 2016 and Tax Appeal Nos.49 and 52 of 2016, in which the issue of pro-rata deductions under Section 80IB(10) of the said Act was involved. In the said connected appeals as well, Ms. Linhares, relying upon the very sa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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