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2010 (12) TMI 903 - AT - Income TaxDeduction u/s. 80IB(10) - A detailed block plan showed that assessee wanted to construct four wings known as wings A, B, C and D and these were supposed to be independent wings - It was submitted that there is no requirement under the section that assessee should be owner of the land - Since assessee had not completed D wing and had also not sold any of the flats in the D wing, and deduction was claimed only in respect of A, B and C wings, same were allowable - assessee had fulfilled all these conditions because the project was approved on 8-1-2004 and completed before 31-3-2008 which means that the project was approved by the local authority before 31-3-2007 it becomes clear that the Ld. CIT[A] was satisfied that each unit of the residential flat in all the three wings was less than 1000 sq.ft. and since Revenue has not filed any cross objection against this finding, the same has become final and binding on the Revenue - It really makes no difference whether M/s Conwood Agencies had applied for or the assessee had applied to the municipal corporation to make any difference in deciding the assessee’s claim for deduction under s. 80-IB(10) of the Act - Held that: Revenue was not right in holding that assessee is not entitled to deduction u/s. 80-IB(10) because the housing project was not completed as D wing was never completed before the specified date the first condition is met because the project is commenced after 1-10-1998 and the same has been completed before 31-03-2008 because of the relevant Occupation Certificates for A, B and C wings have been obtained before 31-03-2008 - AO has not given any specific defect in respect of any particular expenditure - In the result, all the appeals are partly allowed
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