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2015 (10) TMI 2755 - ITAT PUNEClaim of deduction u/s 80IB(10) in respect of two projects undertaken by the assessee i.e. Kumar Kruti and Kumar Shantiniketan - prorata claim of deduction in respect of project Kumar Shantiniketan - Two of the flat bearing Nos.3 and 4 in building ‘D’ had covered area exceeding 1500 sq.ft. and on that basis, the deduction claimed under section 80IB(10) was denied to the assessee - HELD THAT:- Tribunal had in the earlier years relating to assessment years 2008-09 and 2009-10, allowed the claim of assessee with directions to the AO to allow prorata deduction u/s 80IB(10) and denied the said deduction in respect of two flats i.e. flat Nos.3 and 4 in building ‘D’, which had covered area of more than prescribed limit. The relevant findings of the Tribunal which are being referred to, but not being reproduced for the sake of brevity. In the entirety of the above said facts and circumstances, where the issue is identical to the issue before the Tribunal in the earlier years, following the same parity of reasoning, we direct the AO to re-work prorata deduction under section 80IB(10). Deduction u/s 80IB(10) in respect of project Kumar Kruti - deduction was denied to the assessee on account of two accounts i.e. where the project Kumar Kruti was part of larger project named Kumar City, and where the assessee had not completed the project by 31.03.2008, prorata deduction was allowed to the assessee - HELD THAT:- Tribunal after considering the issue, held that the project Kumar Kruti was an independent project since the building plan of the said project was sanctioned independently on 16.07.2006 and in view thereof, there was no justification in holding that the project Kumar Kruti was part of Kumar City. The relevant findings of the Tribunal are reproduced which are being referred to, but not being reproduced for the sake of brevity. Tribunal further held that the assessee was entitled to prorata deduction under section 80IB(10) in respect of eligible units, which were within covered area limit of 1500 sq.ft. However, few flats, which exceeded the prescribed covered area were denied the deduction under section 80IB(10) - We uphold the order of CIT(A) in directing the Assessing Officer to work out the prorata deduction in respect of units sold in Kumar Kruti project. In the entirety of the above said facts and circumstances, we uphold the order of CIT(A) and dismiss the grounds of appeal raised by the Revenue.
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