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TMI Blog2021 (12) TMI 410X X X X Extracts X X X X X X X X Extracts X X X X ..... llate Tribunal, "B" Bench, Kolkata in ITA No. 1543/Kol/2014 for the assessment year 2009-10. The assessee has raised the following substantial question of law for consideration :- i) Whether deduction under the provisions of Section 80IB(10) of the Income Tax Act, 1961, as it stood prior to its amendment by the Finance (No.2) Act, 2009, was admissible in respect of separate sales to the same buyer of two separately situated independent residential units, each having built up area of less than one thousand five hundred square feet? ii) Whether the built up area of the two independent residential units can be clubbed merely because one of the units is for the residence of the servants and the purported findings of the Tribunal denying ded ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fficer committed a serious factual error in not appreciating the documents placed before him while rejecting the claim for deduction under Section 80IB(10). The CIT(A) rejected the appeal by order dated 28th May, 2014. The sum and substance of the conclusion arrived at by the CIT(A) is that it is not the case of the assessee that the utility rooms can be treated as a separate and independent unit and utility room and flats are combined unit and therefore the limit of the area contemplated under Section 80IB(10)(c) will apply. Further, considering the argument of the assessee that separate conveyance deeds were executed in regard to the flats and utility rooms, the CIT(A) held that at best it can be treated to be an attempt to avoid tax lia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore the Tribunal as has been advanced before us by the learned Senior Counsel for the appellant assessee with regard to the fact that two units were separate and thereby separate documents in respect of the sale, was considered by the Tribunal and a factual finding has been recorded by the Tribunal that the utility rooms/servants quarters cannot be sold independently to any other person other than the flat owner to whom the said servant quarters is attached. Therefore, the Tribunal concluded that it is of absolutely no relevance whether servant quarters documentation has been made by a separate conveyance deed or by way of a separate letter to the concerned flat owner and the substance of the transaction needs to be seen than its form. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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