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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 ..... duction of ₹ 4,05,48,257/- under Section 80IB(10) of the Income Tax Act, 1961 are arbitrary, erroneous, unreasonable and perverse? - HELD THAT:- The argument advanced by the assessee before 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 - Tribunal concluded that it is of absolutely no relevance whether servant quarters documenta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ta, Adv. Mr. Soumen Bhattacharya, Adv. ... For Respondent ORDER The Court : This appeal by the assessee filed under Section 260A of the Income Tax, 1961 (the Act, for brevity) is directed against the order dated 21st June, 2019 passed by the Income Tax Appellate 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e utility area is a separate unit and cannot form integral part of the housing area for the project and that the agreement entered into between the assessee company and the purchaser is separate in respect of the residential flat and that of the utility area and the Assessing Officer 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsidering the submission made by the assessee held that the utility rooms in the instant case is nothing but servants cottages and 73 flats were sold together with the utility rooms thereby the area which has been sold exceeded 1500 sq. ft. The argument advanced by the assessee before 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. There ..... X X X X Extracts X X X X X X X X Extracts X X X X
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