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TMI Blog2021 (4) TMI 1103X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 sq ft limit and assessee will not entitled for deduction u/s 80IB(10) proportionately only with respect to the income from the 2 flats exceeding the limit of 1500 sq ft when the assessee had considered all the flats as forming part of single project on interpretation of the provisions of section 80IB(10)(c) - the language used in the relevant provision of law does not bar a deduction claim altogether if some of the units sold exceed the specified dimensions. - Decided in favour of the assessee - T.C.A.No.603 of 2013 - - - Dated:- 15-3-2021 - Hon'ble Mr. Justice M.Duraiswamy And Hon'ble Mrs.Justice T.V.Thamilselvi For the Appellant : Mr.M.Swaminathan, Senior Standing Counsel For the Respondent : Mr.M.Kaushik for Mr.S. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... easuring less than 1500 sq ft limit and assessee will not entitled for deduction u/s 80IB(10) proportionately only with respect to the income from the 2 flats exceeding the limit of 1500 sq ft when the assessee had considered all the flats as forming part of single project on interpretation of the provisions of section 80IB(10)(c). 3.The learned counsel appearing on behalf of the appellant had submitted that the order passed by the Income Tax Appellant Tribunal is erroneous in law and contrary to the facts and circumstances of the case. The Tribunal had erred in holding that the assessee would not be entitled for deduction, under Section 80IB(10) of the Act, proportionately, in respect of the two flats, which had been built with an exte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (P) Ltd. ( supra ), we find that the order passed by the Tribunal, dated 27.2.2015, is correct in the eye of law. Hence, the contentions raised on behalf of the appellant cannot be countenanced. Thus, the question of law raised in the appeal is answered against the Revenue and in favour of the assessee, for the reasons stated above. Accordingly, the Tax Case Appeal stands dismissed. 4.The learned senior standing counsel appearing for the appellant Revenue further submitted that in view of the judgment of the Hon'ble Division Bench of this Court, cited supra, the appeal may be dismissed. 5.Mr.M.Kaushik, learned counsel appearing for the respondent assessee also submitted that the issue is covered by the decision of the Hon&# ..... X X X X Extracts X X X X X X X X Extracts X X X X
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