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2016 (2) TMI 1260 - ITAT PUNEClaim deduction u/s. 80IB(10) - allotment of multiple residential units to an individual - allottee have horizontally joined the flats on the respective floors - newly inserted provisions of section 80IB(10) were violated - HELD THAT:- In the facts and circumstances of the case and the CBDT Circular clarifying the applicability of the amended provisions, we are of the considered opinion that the provisions of Clauses (e) and (f) to section 80IB(10) of the Act cannot be applied to the transactions carried out before 19-08-2009 and accordingly deduction u/s. 80IB(10) cannot be denied to the assessee only for the reason that multiple residential units were allotted to an individual prior to the aforesaid date. Accordingly, we find merit in the appeal of the assessee and the same is allowed. Prorata deduction u/s. 80IB(10) - contention of Revenue is that there is no concept of allowing proportionate deduction u/s. 80IB(10) to a housing project - HELD THAT:- No merit in this plea of the Revenue. The Tribunal in numerous cases has allowed proportionate deduction u/s. 80IB(10) on eligible units of a housing projects and the same have been upheld by the Hon'ble High Courts. Thus, the question whether proportionate deduction can be allowed u/s. 80IB(10) to the eligible units of a housing project is no more res-integra In M/S. ARUN EXCELLO FOUNDATIONS PVT. LTD [2012 (12) TMI 415 - MADRAS HIGH COURT] has granted proportionate deduction to the housing project u/s. 80IB(10). The Hon'ble Madras High Court in the case of Viswas Promoters Private Limited Vs. ACIT [2012 (11) TMI 1117 - MADRAS HIGH COURT] has held that the assessee is entitled to claim proportionate relief on the units satisfying the extent of built up area - assessee is eligible to claim deduction in respect of the residential units on which the Commissioner of Income Tax (Appeals) has denied proportionate deduction - Decided in favour of assessee.
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