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2009 (9) TMI 57 - MADRAS HIGH COURT
Rectification of mistake - Housing Project – claim of deduction u/s 80IB(10)- binding precedence of decision of another bench – AO denied the deduction in respect of two projects since all the flats were not of specified size – CIT(A) allowed the deduction – tribunal denied the deduction – held that - in the impugned order, the first respondent Tribunal has explicitly taken note of the substance of the issue decided by the Kolkatta Tribunal in Bengal Ambuja Housing Developments Ltd. v. CIT, wherein it was decided that the eligibility condition for deduction under section 80I-B(10) of the Act - It would not amount to non-consideration of a material fact which could amount to a mistake apparent on the record which could be rectified under section 254(2) of the Act