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2015 (8) TMI 856 - HC - Income TaxEntitlement to claim deduction under Section 80IB(10) - Tribunal allowed the assessee's appeal by inter-alia holding that the sanction obtained by the local authority on 23 June 2003 was in respect of a project different from the sanction obtained, called revised sanction, of the local authority on 31 July 2004 - Held that:- The impugned order of ITAT records that the housing project, reflected in the sanction dated 31 July 2004, was different from the housing project approved on 23 June 2003 by the local authority. The sanction dated 31 July 2004, the impugned order finds, was in relation to area 104-R reflected by Survey No.61/2+3+4+5+6, whereas the earlier sanction on 23 June 2003 was in respect of area 84-R of land area consisting of Survey No.61/2+3+5+6. This by itself would indicate that the sanction which has been obtained on 31 July 2004 is in respect of distinct and separate project, then the approval obtained on 23 June 2003 for the housing project. The mere use of the revised sanction by the local authority in the sanction given on 31 July 2004, would not by itself make it an amendment or a change to a earlier sanction when in fact it is a sanction for a materially different housing project. Reliance on Commissioner of Income Tax v/s Vandana Properties [2012 (4) TMI 54 - BOMBAY HIGH COURT] in support of its conclusion that the project sanctioned on 21 July 2004 is different from the project sanctioned on 23 June 2003 is true. The finding recorded by the impugned order is a pure finding of fact. The revenue has not been able to show that this finding of fact recorded by the Tribunal is, in any manner, perverse and/or arbitrary. - Decided against revenue.
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