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2015 (3) TMI 190 - AT - Income TaxDeduction under Section 80-IB(10) - disallowance on the ground, that the assessee has obtained 6 planning permits for construction of 6 blocks (treated as 6 projects by Revenue) on a land measuring little over one acre - Held that:- The Hon'ble Bombay High Court in the case of Vandana Properties (2012 (4) TMI 54 - BOMBAY HIGH COURT ) while dealing with similar controversy has held that all the approved housing projects on the same land are eligible for claiming deduction under Section 80-IB(10), if otherwise they fulfill the conditions set out under Section 80-IB(10). plain reading of Section 80IB (10) does not even remotely suggest that the plot of land having minimum area of one acre must be vacant. The said Section allows deduction to a housing project (subject to fulfilling all other conditions) constructed on a plot of land having minimum area of one acre and it is immaterial as to whether any other housing projects are existing on the said plot of land or not. In these circumstances, construing the provisions of Section 80IB (10) by adding words to the statute is wholly unwarranted and such a construction which defeats the object with which the Section was enacted must be rejected. Thus we hold that the assessee is eligible to claim deduction under Section 80-IB(10) in respect of its project "Voora Prithvi" situated at Kamaraj Salai, Kottivakkam. - Decided in favour of assessee.
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