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2010 (12) TMI 796 - AT - Income TaxDeduction u/s 80IB - it is clear that as per the AO also, the facts in the present two years are similar as compared to the facts in AY 00-01 to 02-03. Ld. CIT(A) has decided the issue in favour of the assessee on the basis of Tribunal decision in assessee's own case for assessment years 2000-01 to 02-03 in ITA No.4628/D/03, 3719/D/04 and 1329/D/05 - fact is very clear that even this Shipra Sun City Project of the assessee company was also approved by the relevant authority i.e. GDA and because of this, the AO himself has allowed deduction to the assessee u/s 80IB with regard to this project also in respect of residential flats built by the assessee in this project - Once it is accepted that the shopping area of the assessee's this project was below 10% of the total project area, 80IB deduction has to allowed the assessee for the whole project and no disallowance can be made with regard to shops - Appeal is partly allowed
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