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TMI Blog2022 (1) TMI 1157X X X X Extracts X X X X X X X X Extracts X X X X ..... o such violation ought to have been disallowed. The ld. CIT(A), in our opinion, was fully justified in allowing the deduction on the amount claimed because the assessee had suo motu claimed deduction u/s.80IB(10) on reduced amount. The view taken by the ld. CIT(A) accords with the judgment of the Hon ble jurisdictional High Court in M/s. Kamat Constructions Pvt. Ltd. [ 2020 (12) TMI 90 - BOMBAY HI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of convenience. A.Y. 2012-13 : 2. The only issue raised in this appeal is against allowing proportionate deduction u/s.80IB(10) of the Income-tax Act, 1961 (hereinafter also called the Act ). 3. Briefly stated, the facts of the case are that the assessee has been engaged in the business as Builders and Promoters. Receipts from sale of flats in project Dynasty located at Wakad, Pune, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uction u/s.80IB(10) was to be allowed on proportionate basis in respect of the portion of the total project to which there was no violation of the provisions. The Revenue has approached the Tribunal against the relief allowed in the first appeal. 4. We have heard the rival submissions in Virtual Court and gone through the relevant material on record. There is no dispute on the assessee s otherw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the granting of deduction on proportionate basis. We, therefore, accord our imprimatur to the view taken by the ld. CIT(A). A.Yrs. 2013-14 to 2015-16 : 5. Both the sides are in agreement that the facts and circumstances of the other two appeals are mutatis mutandis similar to those of the assessment year 2012-13. Following the view taken hereinabove, we affirm the impugned order for the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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